City of New Berlin, WI
Waukesha County
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Table of Contents
Table of Contents
The powers and duties of the Common Council under this chapter shall be as follows:
A. 
Changes and amendments. Review petitions to change zoning district boundaries or amend this chapter and take final action to approve or deny such petitions. (See § 275-22.)
B. 
Planned unit developments (PUD). Review PUD Overlay District petitions and take final action to approve or deny such petitions. (See § 275-23.)
C. 
Development agreements. Hold public meetings, review, and take final action on proposed development agreements after receipt of the Board of Public Works recommendations. (See § 275-28.)
A. 
Establishment. There is hereby established a Plan Commission for the City of New Berlin under the authority granted by § 62.23, Wis. Stats., and amendments thereto.
B. 
Membership.
(1) 
The Plan Commission shall consist of seven members as follows:
(a) 
One member shall be the Mayor, who shall be its presiding officer.
(b) 
One Alderman member, who shall be elected by a two-thirds vote of the Council in April of each year.
(c) 
One member shall be a citizen member of the Parks, Buildings and Grounds Commission, elected by that Commission and confirmed by the Common Council.
[Amended 7-28-2015 by Ord. No. 2549; 1-12-2016 by Ord. No. 2558]
(d) 
Four citizen members as appointed in April by the Mayor and confirmed by the Council for staggered three-year terms. The Mayor shall choose citizen members with technical experience, education, background or knowledge of parks and recreation, architecture, engineering, planning, development, environment, real estate, economics, conservation, building, construction, land use law or other related fields.
(2) 
The Secretary of the Plan Commission shall be the Director of Community Development or his designee, who shall not be a voting member of the Commission.
(3) 
Official oaths shall be taken by all members in accordance with § 19.01, Wis. Stats.
(4) 
Vacancies shall be filled for the unexpired term in the same manner as appointments for a full term.
C. 
Organization. The Plan Commission may adopt rules for the conduct of the business of the Commission in accordance with the provisions of this chapter. The Commission may adopt further rules as necessary.
(1) 
Meetings. Meetings shall be held at least monthly, or at the call of the Mayor or a majority of the full Commission, and shall be open to the public. A quorum of the Plan Commission shall be four voting members.
(2) 
The Plan Commission is authorized to create standing and special committees to assist it in discharging its statutory duties, pursuant to § 62.23, Wis. Stats. These standing committees shall include the Architectural Review Committee, the Sign Committee and the Alternative Transportation Committee. In addition, the following special committees, the Code Committee and the Comprehensive Plan Steering Committee, are authorized as well. Said standing and special committees shall be appointed by the Mayor from within the membership of the Plan Commission; however, in the case of the Comprehensive Plan Steering Committee, membership in that group may include persons with specific expertise that would be valuable to the Committee who are not members of the Commission, as appointed by the Mayor, subject to confirmation of the Common Council. The standing and special committees of the Plan Commission shall conduct their activities in accordance with the scope of authority as established by the Plan Commission upon its creation and shall be subject to the administrative bylaws of the Plan Commission. The Plan Commission may appoint additional standing or special committees to assist in the performance of their duties, which committees shall be created by the Plan Commission and their membership appointed by the Mayor.
[Amended 4-8-2014 by Ord. No. 2517]
(3) 
Concurring vote. The concurring vote of a majority of the members present and voting shall be required for Plan Commission action.
(4) 
Minutes. Minutes of the proceedings and a record of all actions shall be kept showing all votes taken, resolutions, findings, determinations, transactions, and recommendations made. Copies of said minutes shall be filed with the City Clerk as a public record.
D. 
Powers and duties. The Plan Commission shall have the following powers and duties:
(1) 
Changes and amendments. Review petitions to change zoning district boundaries, sewer service area boundaries and urban service area boundaries, or amend this chapter and recommend that the Common Council approve or deny such petitions. (See § 275-22.)
(2) 
Planned unit developments (PUD). Review PUD Overlay District petitions and recommend that the Common Council approve or deny such petitions. (See § 275-23.)
(3) 
Zoning permit/use approval. Review applications for zoning permits, except in the single-family residential districts and agricultural districts and administrative permits exempted under § 275-17B(9) from Plan Commission review. The Plan Commission may also review any applications that have been referred by the Department of Community Development and take final action to approve or deny all applications coming before the Plan Commission. (See § 275-24.)
(4) 
Conditional use permits. Review applications for conditional use permits and take final action to approve, approve with conditions, or deny such applications. (See § 275-27.)
(5) 
Sign permits. The Plan Commission may also review any sign applications that have been referred by the Department of Community Development and take final action to approve or deny an application coming before the Plan Commission. (See § 275-29.)
(6) 
Implement Comprehensive Plan, Future Land Use Map, and its components. To prepare, adopt, amend, update and implement the City’s Comprehensive Plan and its components thereof for the physical development of the municipality, including any areas outside of its boundaries which, in the Commission’s judgment, bear relation to the development of the municipality in accordance with §§ 62.23, 66.1001 and 66.1027, Wis Stats. The City shall update its Comprehensive Plan as deemed necessary or at a minimum every 10 years. The Commission shall periodically review the City Park and Open Space Plan and make recommendations to the City Council relating to the acquisition, planning, and development of City parks and recommend to the City Council the application of state and federal grant programs.
[Amended 7-28-2015 by Ord. No. 2549]
(7) 
Official Map and other regulations. To prepare, maintain, update and recommend approval of the following documents to the Common Council:
(a) 
An Official Map in accordance with § 62.23, Wis. Stats.
(b) 
A zoning district plan and regulations in accordance with § 62.23, Wis. Stats.
(c) 
Land division and subdivision regulations in accordance with § 236.45, Wis. Stats.
(8) 
Reports and recommendations on planning matters.
(a) 
Matters to be referred to the Plan Commission. The Common Council or other public body or officer of the City having final authority thereon shall refer to the Plan Commission for its consideration and report, before final action is taken, the following matters in accordance with § 62.23, Wis. Stats. The report shall recommend approval or denial on the following matters:
[1] 
Location and architectural design of any public building, park layout and design, including additions to and replacement of existing buildings and facilities.
[Amended 1-12-2016 by Ord. No. 2558]
[2] 
Location of any statue, memorial or landmark.
[3] 
Location, acceptance, extension, alteration, vacation, abandonment, change of use, sale, acquisition, or lease of land for any street, alley, or other public way, park, playground, airport, area for parking vehicles, or other memorial or public grounds.
[4] 
Location, extension, abandonment, or authorization for any public utilities, including gas, water, sewer, telephone, cable, electrical or similar telecommunications-type uses, whether publicly or privately owned.
[5] 
All division of lands within the City's platting jurisdiction, including its extraterritorial platting jurisdiction.
[6] 
Location, character, and extent, or acquisition, leasing, or sale, of lands for public or semipublic housing, slum clearance, relief of congestion, or vacation camps for children.
[7] 
All annexations, incorporations, or consolidations affecting the City.
[8] 
All proposed or requested changes and amendments to the Official Map; Chapter 124, Fire Prevention, of the Code of the City of New Berlin; and this chapter.
(b) 
Timing of reports. Unless such report is made within 60 days, or such longer period as may be stipulated by the Common Council, the Council or other public body or officer may take final action without it.
(9) 
Interpretations of Zoning Ordinance provisions.
(a) 
The Plan Commission shall interpret the zoning regulations and the location of the boundaries of the zoning districts.
(b) 
Whenever the Plan Commission is asked to interpret a C-2 Shoreland Wetland Holding District boundary where an apparent discrepancy exists between the City's Zoning Map and actual field conditions, the City shall contact the Wisconsin Department of Natural Resources (DNR) or its agent to determine if the Wetland Inventory Map is in error. If the DNR staff concurs that the particular area was incorrectly mapped as a wetland, the Plan Commission shall initiate appropriate action to rezone the property within a reasonable amount of time. The actual field location, staked and surveyed, shall be deemed the boundary. In the case of a disagreement between the applicant and the City over an assured wetland delineation boundary, the Plan Commission authorizes the Department of Community Development the ability to order an investigation, review, and/or obtain concurrence by SEWRPC in order to resolve the boundary disagreement.
(10) 
Permit substitutions of nonconforming uses. The Plan Commission shall review applications and may grant requests for substitution of more-restrictive nonconforming uses for existing nonconforming uses, provided no structural alterations are to be made. Whenever the Plan Commission permits such a substitution, the use may not thereafter be changed without further application. (See Article VII.)
(11) 
Miscellaneous other powers and duties. The Plan Commission shall have such additional powers as may be necessary to enable it to perform its functions and duties and promote municipal planning, as well as all additional powers and duties granted or assigned by the Common Council or by City ordinances, and all powers and duties granted or assigned by Wisconsin statutes. Such additional powers shall include, but not be limited to, the following:
(a) 
To employ experts and a staff and to pay for their services, supplies, equipment, and such other expenses as may be necessary and proper, not to exceed the appropriations and regulations made by the Common Council or placed at its disposal through gift, and subject to any ordinance or resolution enacted by the Common Council.
(b) 
To make reports and recommendations relating to the planning and development of the City to public officials and agencies, public utility companies, civic, educational, professional, and other organizations, and citizens.
(c) 
To recommend public improvement programs and financing thereof to the Mayor or Common Council.
(d) 
To request available information, records, and advice from any public official to be furnished within a reasonable time as it may require for its work.
(e) 
To enter upon any land in the performance of its functions, make examinations and surveys, and place and maintain necessary monuments and marks thereon, in accordance with § 62.23(4), Wis. Stats.
(12) 
Appeals of the Director of Community Development. If requested, the Plan Commission shall hear and take action on appeals related to the denial and/or conditions of approval of an administrative permit decision of the Director of Community Development.
(13) 
Park planning and design.
[Added 1-12-2016 by Ord. No. 2558]
(a) 
Determine future park needs for the community.
(b) 
Update the City's Park and Open Space Plan, at a minimum every five years, and incorporate into the City's overall Comprehensive Plan.
(c) 
Guide the preservation, acquisition, and development of land for park, outdoor recreation and open space purposes.
(d) 
Determine future park development/overall design along with consultation with other appropriate boards and commissions.
A. 
Establishment. There is hereby established a Board of Appeals for the City of New Berlin for the purpose of hearing appeals and applications and granting variances and exceptions to the provisions of this chapter in harmony with the purpose and intent of this chapter.
B. 
Membership. The Board of Appeals shall consist of five members appointed by the Mayor and approved by the Common Council. The Mayor shall make nominations at least one month prior to their appointment.
(1) 
Terms. Terms shall be for staggered three-year periods, except that, of those first appointed, one shall serve for one year, two for two years, and two for three years.
(2) 
Alternate members. The Mayor shall appoint two alternative members in addition to the five regular members, for staggered three-year terms. The Mayor shall annually designate one of the alternates as the first alternate member and the other as the second alternate member. The first alternate member shall act only when a regular member is absent or refuses to vote because of interest. The second alternate member may act only when the first alternate is unable to act or is already sitting or acting.
(3) 
Director attendance at meetings. The Director, or designee, shall attend all meetings for the purpose of providing technical assistance when requested by the Board of Appeals.
(4) 
Official oaths. Official oaths shall be taken by all members in accordance with § 19.01, Wis. Stats., within 10 days of receiving notice of their appointment.
(5) 
Vacancies. Vacancies shall be filled for the unexpired term in the same manner as appointments for a full term.
C. 
Organization. The Board of Appeals shall organize and adopt rules of procedure for its own governance in accordance with the provisions of this chapter and applicable Wisconsin statutes.
(1) 
Meetings shall be held at the call of the Chairman and shall be open to the public.
(2) 
Minutes of the proceedings and a record of all actions shall be kept by the Board, showing the vote of each member upon each question, the reasons for the Board's determination, and its finding of facts. These records shall be immediately filed in the office of the Board and shall be a public record.
(3) 
The concurring vote of four members of the Board shall be necessary to correct an error; grant a variance; make an interpretation; and permit a temporary, unclassified, or substituted use.
D. 
Powers and duties. The Board of Appeals shall have the following powers and duties:
(1) 
Variances. To hear and authorize appeals for variances to the dimensional requirements of this chapter where, owing to special conditions, a literal enforcement will result in practical difficulty or unnecessary hardship. Such variance shall not be contrary to the public interest and shall be so conditioned that the spirit and purposes of this chapter shall be observed and the public safety, welfare, and justice secured. (See § 275-30B.)
(2) 
Appeals. Hear and decide appeals of orders, requirements, decisions, and determinations made by the Building Inspector or Plan Commission. (See § 275-31.)
(3) 
Assistance. The Board may request assistance from other City officers, departments, commissions, and boards.
(4) 
Oaths. The Chairman may administer oaths and compel the attendance of witnesses.
A. 
General responsibilities. The Department of Community Development is responsible for formulating, implementing, directing, and administering all community development programs and overseeing the City's planning, engineering, inspection/zoning, housing, GIS/LIS, economic development, park planning and design and water resource management functions in accordance with the state statutes and local rules and regulations. The Director of the Department of Community Development or his or her designee shall serve the following boards and commissions: the Common Council; Committee of the Whole; Plan Commission; Board of Public Works; Community Development Authority; Board of Appeals; Development Review Subcommittee; Architectural Review Subcommittee; Code Review Subcommittee; Sign Subcommittee; Safety Committee; Housing Authority; Water Resource Management Utility Committee; Utility Committee; Alternative Transportation Subcommittee; and the Comprehensive Plan Update Steering Subcommittee.
[Amended 1-12-2016 by Ord. No. 2558]
B. 
The duties of the Department of Community Development shall include:
(1) 
Subdivision and land development review. Review applications for subdivision and land division under Ch. 236, Wis. Stats.; this chapter; and Chapter 235, Subdivision of Land, of the Code of the City of New Berlin. Review, research, and investigate files, maps, renderings, documents, reports, surveys, plats, photographs, plans, models, building material samples, tests, site studies, impact statements/analyses, sites, site investigation, and make recommendation to the applicable board and/or commission to approve, approve with conditions, or deny with rationale.
(2) 
Use, site, and architecture. Review applications for the change of use, site, and architecture under this chapter. Review, research, and investigate files, maps, renderings, documents, reports, surveys, plats, photographs, plans, models, building material samples, tests, site studies, impact statements/analyses, sites, site investigation, and make recommendation to the applicable board and/or commission to approve, approve with conditions, or deny with rationale.
(3) 
Rezoning, planned unit developments, conditional uses. Review applications for rezoning, planned unit developments, and conditional use for compliance with this chapter and the Comprehensive Plan. Per § 66.1001(2m)(b), Wis. Stats., a conditional use does not need to be consistent with the City's Comprehensive Plan. Review, research, and investigate files, maps, renderings, documents, reports, surveys, plats, photographs, plans, models, building material samples, tests, site studies, impact statements/analyses, sites, site investigation, and make recommendation to the applicable board and/or commission to approve, approve with conditions, or deny with rationale.
[Amended 10-11-2016 by Ord. No. 2756]
(4) 
Code amendments. The Department shall recommend revisions and updates to this chapter and Chapter 235, Subdivision of Land, of the Code of the City of New Berlin, to the Plan Commission.
(5) 
Comprehensive planning. The Department shall update the City's entire Comprehensive Plan at least once every 10 years. The Comprehensive Plan shall contain the following elements: Issues and Opportunities; Housing; Transportation; Utilities and Community Facilities; Agricultural, Natural and Cultural Resources; Economic Development; Intergovernmental Cooperation; Land Use; and Implementation. The City's Park and Open Space Plan shall be updated at least once every five years.
[Amended 1-12-2016 by Ord. No. 2558]
(6) 
Map amendments.
(a) 
Create and administer a geographic/land information system (G/LIS) for maintaining and updating housing, transportation, utilities, community facilities, agricultural, natural resources, cultural resources, economic development, governmental districts, zoning and land use maps.
(b) 
Recommend to the Plan Commission changes that are necessary to update Zoning Maps to reflect the most-current and accurate information.
(c) 
Update Zoning Map changes and amendments as approved by Council.
(7) 
Zoning permit/use approval/building permits. Review applications and permits for zoning permit/use approval and take final action to approve or deny such applications, or refer them to the Plan Commission. (See § 275-24.)
(8) 
Administrative modifications. Review applications for administrative modifications and take final action to approve or deny such applications.
(9) 
Other administrative permits. Set procedures, review applications and issue administrative permits through the permit application center (over-the-counter) and take final action to approve, approve with conditions, or deny such applications, and issue permits for the following types of permits:
(a) 
Reoccupancy permits;
(b) 
Home occupation permits;
(c) 
Temporary use permits;
(d) 
Sign permits;
(e) 
Minor architectural modifications (as determined by the Director);
(f) 
Building and parking area additions requiring zoning permits that are less than 20,000 square feet;
(g) 
Properties with legal nonconforming setbacks require only the issuance of a building permit as long as the encroachment is no greater than the current setbacks, in which case the item may be considered by the Board of Appeals;
[Amended 9-23-2014 by Ord. No. 2529]
(h) 
Decks, patios, and fences for approved projects;
(i) 
Fences for nonresidential properties;
(j) 
Minor modifications to landscape plans. Minor modifications might include a change in a plant species, change in plant location, etc.;
(k) 
Accessory buildings located within non-single-family residential zoning districts with a maximum size of 2,500 square feet. Accessory buildings in non-single-family residential zoning districts that exceed 2,500 square feet shall require Plan Commission review and approval.
[Added 9-23-2014 by Ord. No. 2529]
(10) 
Other powers and duties. In addition to the specific powers and duties enumerated above, the Director or his designee shall have other powers and duties necessary to effectively administer and enforce this chapter. These additional powers and duties shall include, but shall not be limited to, the following:
(a) 
Maintain records of all zoning and land division, use, conditional use, and sign permits issued, investigations and inspections made, work approved and other official actions taken.
(b) 
Establish that all necessary permits that are required for floodland uses and wetland uses by state and federal law have been secured.
(c) 
Inspect all structures, lands, and waters as often as necessary to assure compliance with this chapter.
(d) 
Investigate all substantiated complaints made relating to the use of structures, lands, and waters; give notice of all violations of this chapter to the owner, resident, agent, or occupant of the premises; and report uncorrected violations to the City Attorney in a manner specified by that office.
(e) 
Assist the City Attorney in the prosecution of Zoning Ordinance violations.
(f) 
Be permitted access to premises and structures during reasonable hours to make those inspections as deemed necessary by him to ensure compliance with this chapter. If, however, the Director or his designee is refused entry after presentation of his identification, he may procure a special inspection warrant in accordance with § 66.0119, Wis. Stats.
(g) 
Request assistance and cooperation from the Fire Department, City Police Department, City Attorney, and any other City department or outside agency as deemed necessary by the Director or by county, regional or state agencies.
(h) 
Refer complaints in other areas to the proper department, county agency, or state division responsible for enforcement.
(i) 
Make available to the public, to the fullest extent possible, all reports and documents concerning the City's Comprehensive Plan, development ordinances and zoning ordinances. In addition, information in the form of reports, bulletins, maps, and other data shall be available. The Department may set fees and update them from time to time as necessary to recover the cost of providing information to the public.
(j) 
Assist the public in filling out necessary applications and forms.
(k) 
Establish that all the necessary requirements, plans, fees, and information for a complete application are met and received prior to acceptance and processing of the application or permit.
(l) 
Enforce policies and procedures as established by various City boards and commissions.
(m) 
Issue cease-and-desist orders through the City Attorney's office where necessary to protect the health, safety, and welfare of the community.
(n) 
Where useful, the Department of Community Development or its agent, may set marks on bridges or buildings or other markers which show the depth of the one-hundred-year recurrence interval flood or may set marks delineating the boundaries of wetlands.
(11) 
Neighborhood plans or studies. The Department shall prepare neighborhood plans and/or studies in accordance with the recommendations in the City's Comprehensive Plan and/or at the direction of a City board, commission, or Director.
(12) 
Accommodations to address the needs of persons with disabilities. If a handicapped or disabled person is in need of relief from the terms of the Zoning Code in order to reasonably accommodate his/her handicap or disability, he/she may make application to the Director of Community Development for the issuance of an administrative zoning permit to meet that accommodation. The Director of Community Development may issue said administrative zoning permit if he or she determines that the following conditions have been met:
(a) 
The requested accommodation (i.e., the requested waiver of zoning restrictions) or another less-extensive accommodation is:
[1] 
Necessary to afford handicapped or disabled persons equal housing opportunity or equal access to public accommodations; and
[2] 
The minimum accommodation that will give the handicapped or disabled person adequate relief.
(b) 
The accommodation will not unreasonably undermine the basic purposes that the Zoning Ordinance seeks to achieve and will not impose a direct threat to public safety.
(c) 
The zoning permit shall be recorded with the Waukesha County Register of Deeds office and shall remain in effect for so long as the person seeking the accommodation is in need of the accommodation and continues to reside at or occupy the premises for which the accommodation is sought. Persons having received such a zoning permit shall be required, within six months of the end of the need for the accommodation or the cessation of their occupancy of the premises, to notify the Director of Community Development of that fact, at which point a release and termination of the zoning permit shall be recorded with the Register of Deeds.
(13) 
Determine future park needs for the community by updating and implementing the City's Park and Open Space Plan; continue to guide the preservation, acquisition, and development of land for park, outdoor recreation and open space purposes; identify and develop a multipurpose pathway (trail) system to connect neighborhoods with parks, schools, and public facilities; maintain inventory of natural resource features, open space, parkland and recreation facilities within the City; prepare park and landscape plans for various park and open space areas and facilities; and provide planning, engineering, and design services involved in bringing new parks and recreation facilities to the public.
[Added 1-12-2016 by Ord. No. 2558]
A. 
Designation. The Director is hereby designated as the enforcement officer for the building and occupancy permit provisions of this chapter. The Director may designate or delegate as necessary to carry out these duties.
B. 
Powers and duties.
(1) 
Building and occupancy permits. Issue and make the necessary on-site inspections of all building and occupancy permits as required by this chapter. (See §§ 275-25 and 275-26.)
(2) 
Director. Make the necessary on-site inspections for enforcement of all board and commission orders, zoning permit conditions, and requirements.
(3) 
Permit application center (PAC). Direct and administer the PAC to ensure compliance with application submittal requirements, fee collection, and routing procedures as outlined in this chapter.
(4) 
Other powers and duties. In addition to the specific powers and duties enumerated above, the Director shall have other powers necessary to effectively administer and enforce his or her duties under this chapter. These additional powers and duties shall include, but shall not be limited to, the following:
(a) 
Maintain records of all permits issued, inspections made, work approved, and other official actions.
(b) 
Record the lowest floor elevations of all structures erected, moved, altered, or improved, including those in the floodland districts. Review recertification of the line and grade of footings prior to allowing any further construction.
(c) 
Establish that all necessary permits that are required are secured and that all the necessary requirements, plans, fees, and information for a complete application are met prior to acceptance and processing of the permit.
(d) 
Inspect all structures, lands, and waters as often as necessary to assure compliance with this chapter.
(e) 
Investigate all substantiated complaints made relating to the location, construction or occupancy of structures and give notice of all violations of this chapter to the owner, resident, agent, or occupant of the premises, and report uncorrected violations to the City Attorney in a manner specified by that office.
(f) 
Assist the City Attorney in the prosecution of Zoning Ordinance and Building Code violations.
(g) 
Be permitted access to premises and structures during reasonable hours to make those inspections as deemed necessary by him to ensure compliance with this chapter. If, however, he is refused entry after presentation of his identification, he may procure a special inspection warrant in accordance with § 66.0119, Wis. Stats.
(h) 
Prohibit the use, occupancy, or erection of any structure, land, or water until such use or erection has been inspected and approved. Issue stop-work orders when and where necessary.
(i) 
Request assistance and cooperation from all appropriate agencies.
(j) 
Make available to the public, to the fullest extent possible, all reports and documents concerning the City's Zoning Ordinance and Building Codes. In addition, information in the form of reports, bulletins, maps, and other data shall be available. The City may set fees and update them from time to time as necessary to recover the cost of providing information to the public.
(k) 
Condemn all uninhabitable or structurally unsound buildings and structures.
(l) 
Enforce all conditions for the issuance of a permit as set forth by the various City boards and commissions and other City departments.
(m) 
Assist the public in filling out necessary applications and forms.
A. 
Establishment. There is hereby established a Community Development Authority for the City of New Berlin under the authority granted by § 66.1335 and § 62.1331(2), Wis. Stats., and amendments thereto.
B. 
Membership. The Community Development Authority shall consist of seven members as follows:
(1) 
One member shall be the Mayor, who shall serve as its Chairperson and appoint the members of the CDA with confirmation by the Common Council.
(2) 
Consists of two Council Members who serve on their respective terms and four citizen members. All are appointed by Mayor with the approval of Common Council. Citizen members serve four-year terms.
[Added 1-12-2016 by Ord. No. 2558]
(3) 
The Mayor shall appoint no less than six City of New Berlin residents having sufficient ability and experience in the fields of urban renewal, community development and housing, as commissioners of the CDA. Two members of the CDA must be members of the governing body (§ 66.1335(2)(a), Wis. Stats.) The commissioners shall receive no compensation for their services, but shall be entitled to reimbursement for their actual necessary expenses, including local travel expense included in the discharge of their duties. These persons shall be known as Commissioners of the Community Development Authority.
[Amended 1-12-2016 by Ord. No. 2558]
(4) 
Officers of the Authority shall be a Chairperson, a Vice Chairperson and a Treasurer. The Executive Director and the City's Director of Finance and Administration serving as Co-Treasurers shall be considered ex officio members of the Authority with the right to participate in all deliberations and actions of the Authority, but they shall not have the power to vote on any matters that may come before the Authority.
(5) 
Election or appointment of officers. The Chairperson shall be the Mayor of the City of New Berlin. The Vice Chairperson shall be elected from among the Commissioners of the Authority. A Commissioner duly elected by the Authority and the City's Director of Finance and Administration, each serving as Co-Treasurer, shall perform the duties of the Treasurer. The terms of appointment or election shall be made in the month of May of each year and shall run until the next succeeding first day of June or until a successor is appointed or elected.
(6) 
Vacancies. Should the offices of Chairperson, Vice Chairperson, or the office of Co-Treasurer occupied by a Commissioner become vacant, the Authority shall elect a successor from its membership at the next regular meeting, and such selection shall be for the unexpired term of said office.
(7) 
Chairperson. The Chairperson, when present, shall preside at all meetings of the Authority. The Chairperson and the Executive Director are authorized to execute on behalf of the Authority all contracts, deeds, notes and other forms of obligations or instruments when duly authorized by the Commissioners of the Authority to do so, except in cases where the execution thereof shall be expressly delegated by the Commissioners or by the CDAs bylaws to some other officer or agent of the Authority, or shall be required by law to be otherwise executed; and, in general, shall perform all duties incident to the office of the Chairperson and such other duties as may be prescribed by the Commissioners from time to time.
(8) 
Vice Chairperson. In the case of the absence of disability of the Chairperson, the Vice Chairperson shall perform the duties of the Chairperson and shall also perform such other duties as may be required by the Commissioners.
(9) 
Co-Treasurers. A Commissioner duly elected by the Authority, and the City's Director of Finance and Administration, shall serve as Co-Treasurers. The Co-Treasurers shall have the care and custody of all funds of the Authority. Such funds shall be deposited in the manner provided by law in the name of the Authority in such banks as designated as official depositories for the City of New Berlin, as authorized by the City of New Berlin Common Council. Authority funds may be properly commingled and invested with funds of the City, provided that a concise and accurate accounting record of the Authority's funds is maintained.
(10) 
Executive Director. The Director of Community Development shall act as the Executive Director and as the Secretary of the Authority. The Executive Director shall manage and supervise the administrative operation of the Authority in accordance with the direction of the Authority. The Executive Director shall also:
(a) 
Execute those documents, in conjunction with the Chairperson;
(b) 
Keep the minutes of the meetings of the Authority;
(c) 
See that all notices are duly given in accordance with the provisions of the CDAs bylaws or as otherwise required by law;
(d) 
Be custodian of the records of the Authority; and
(e) 
In general, perform all duties incidental to the duties of the Authority.
(11) 
Legal counsel. The City Attorney shall act as legal counsel to the Authority, consulting with outside legal authority as needed.
(12) 
Official oaths shall be taken by all members in accordance with § 19.01, Wis. Stats.
C. 
Organization. The Community Development Authority may adopt rules for the conduct of the business of the Authority in accordance with the provisions of this chapter. The Authority may adopt further rules as necessary.
(1) 
Meetings. All regular meetings of the Community Development Authority shall be held in compliance with the provisions of the Open Meetings Law of the State of Wisconsin[1] and shall be held at the New Berlin City Hall. Four Commissioners shall constitute a quorum for the purpose of conducting its business and exercising its powers and for all other purposes. Meetings are held as necessary, or at the call of the Mayor or majority of the full Commission, and shall be open to the public, except at may be necessary and as permitted pursuant to the Wisconsin Open Meetings Law.
[1]
Editor's Note: See Wis. Stats. § 19.81 et seq.
(2) 
The Community Development Authority may hold public hearings as necessary
(3) 
The Authority may establish subcommittees by motion to review certain matters or issues that come before it from time to time. Such committees shall have no authority to act except to report the matters and issues back to the entire Authority with recommendations for appropriate action to be taken by the Authority. The Director of Community Development and/or a staff designee shall act as advisor and voting member of any Community Development Authority subcommittee.
(4) 
Special meetings. Special meetings may be called by the Community Development Authority Chair whenever, in his/her judgment, such a meeting is necessary, or whenever requested by at least three members of the Community Development Authority. Such request may be made orally. Notice of such special meetings shall be given by announcement thereof at any regular meeting, or by written or telephone notice as hereinafter provided, not less than 24 hours before the time fixed for such meeting. Any business which could be conducted at a regular meeting may be conducted at a special meeting.
(5) 
Minutes. Minutes of the proceedings and a record of all actions shall be kept by the Secretary, showing the vote of each member upon each question, the reasons for the Community Development Authority's determination, and its finding. These records shall be filed in the office of the Director of Community Development and shall be a public record.
D. 
Powers and duties. Per state statutes, the Community Development Authority shall have the following powers and duties to conduct projects related to blight elimination, urban renewal and community development projects and housing projects in the City. The Community Development Authority will serve as a housing and redevelopment authority. Specific action taken related to the following powers shall be subject to review and approval by the Common Council.
(1) 
Prepare and implement projects and plans.
(2) 
Acquire property (assemble real estate for redevelopment opportunities or condemn property in furtherance of redevelopment).
(3) 
Construct or repair improvements.
(4) 
Sell, lease, encumber or retain and manage property acquired.
(5) 
Enter into contracts.
(6) 
Employ personnel.
(7) 
Issue bonds and make loans.
(8) 
Borrow money.
(9) 
Invest funds.
(10) 
Expenditure of any funds in excess of $5,000.
(11) 
Disseminate blight elimination information.
(12) 
Maintain records.
(13) 
Administer grant programs.
(14) 
Lead and coordinate economic development initiatives within the City.
(15) 
Amendments, deletions, or additions to these bylaws.
(16) 
Performance of duties otherwise performed by the Plan Commission pursuant to § 66.1105, Wis. Stats.
(17) 
The Community Development Authority shall act as the agent for the City of New Berlin in carrying out community development programs and all authorized development activities except the implementation of the City's Comprehensive Plan. The Community Development Authority will ensure that all community development activities it undertakes are consistent with the Comprehensive Plan. The Plan Commission will continue to review subdivisions, land divisions, rezonings, reoccupancies and general use approvals (not associated with larger, coordinated developments and not associated with redevelopment plans or projects) and determine their consistency with the City's Comprehensive Plan.
(18) 
The Community Development Authority shall review projects and developments that are part of special plan overlay districts, corridor studies, and/or larger coordinated planned developments or revitalization efforts.