Village of Waterford, WI
Racine County
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Table of Contents
Table of Contents

§ 235-6 Duties of Village officials.

[Amended 3-22-2004 by Ord. No. 445; 7-11-2011 by Ord. No. 575; 3-13-2017 by Ord. No. 650]
A. 
Zoning Administrator. This chapter shall be enforced by or under the direction of the Zoning Administrator.
B. 
Investigations of proposed land divisions. The Zoning Administrator, the Chair of the Public Works and Utilities Committee of the Village Board, the Village Engineer and the Village Attorney are designated as advisory agents and shall make investigations and reports on the design and/or improvement of proposed land divisions when requested to do so by the Village Plan Commission.
C. 
Report on action. The Zoning Administrator may, and at the request of the Village Plan Commission shall, report to the owner or owner's agent the action taken by the Plan Commission on a proposed land division.
D. 
Investigation of preliminary and final plats, certified survey maps and expanded CSMs. The Zoning Administrator, the Chair of the Public Works and Utilities Committee of the Village Board, the Village Engineer and the Village Attorney shall make investigations of preliminary and final plats, certified survey maps and expanded CSMs to ensure compliance with this chapter and Wis. Stats. Ch. 236 and shall report thereon to the Village Plan Commission and the Village Board.
E. 
Report on action on preliminary and final plats, certified survey maps and expanded CSMs. The Zoning Administrator shall report the final action of the Village Board on a preliminary or final plat, certified survey map or expanded CSM to the owner or owner's agent.

§ 235-7 Powers of Village officials restricted.

Whenever this chapter, including all codes and orders adopted herein by reference, requires anything to be done with the approval or subject to the direction of the Zoning Administrator or any other Village officer, this shall be construed to give such officer only the discretionary authority to determine whether the rules and standards established by ordinance or law have been complied with; and no such provisions shall be construed as giving any officer discretionary powers as to what such regulations or standards shall be, or power to require conditions not prescribed by ordinance or law, or to enforce ordinance provisions or laws in an arbitrary or discriminatory manner; provided this section shall not be so construed so as to preclude the Zoning Administrator, inspectors and enforcing officers from rendering decisions and determining factual compliance with this chapter.

§ 235-8 Plan Commission.

[Amended 3-22-2004 by Ord. No. 445; 3-13-2017 by Ord. No. 650]
A. 
How Plan Commission constituted. See Chapter 5, Authorities, Boards and Commissions, § 5-3, of this Municipal Code.
B. 
Powers and duties. The Village Plan Commission shall have the following powers and duties, along with those found in Wis. Stats. § 62.23:
(1) 
Planning and recommendation. To oversee the planning of new development within the Village of Waterford, and to consider and report to the Village Board concerning matters of Village development, land division and annexation.
(2) 
Conditional uses and permits. To hear applications for conditional use permits and to issue or deny same under the requirements of § 245-16.
(3) 
Action on preliminary plats, final plats, certified survey maps and expanded CSMs. The Village Plan Commission may approve, tentatively approve, or disapprove preliminary plats, final plats, certified survey maps and expanded CSMs prepared and submitted in compliance with this chapter and Wis. Stats. Ch. 236 and shall forward its recommendation to the Village Board.

§ 235-9 Disclaimer of liability.

A. 
Village not liable. This chapter shall not be construed to relieve or lessen the responsibility or liability of any person, firm or corporation subdividing lots, tracts or parcels of land within the provisions of this chapter from damages to persons or property caused by any damage or defect therein or therefrom; nor shall the Village be held as assuming any such responsibility or liability by reason of the issuance or revocation of any license, permit or certificate or by reason of the approval or disapproval of any subdivision plat, plans and specifications, information or schedules in this chapter; nor shall the Village be held liable for any damages resulting from enforcement of this chapter.
B. 
Village officials not liable. Whenever action has been taken by the Zoning Administrator, the Plan Commission, any member of the Village Board or by any other official authorized to enforce the provisions and regulations of this chapter, such action or act shall be considered as done in the name of and on behalf of the Village; and any such person so acting shall not be liable for any damages that may accrue to persons or property as the result of any such act committed in the discharge of his duties.

§ 235-10 Violations and penalties.

A. 
Forfeiture. Any person who violates, disobeys, omits, neglects or refuses to comply with or resists the enforcement of any of the provisions of this chapter or any regulation, rule or order made hereunder shall be subject to a penalty as provided by Chapter 1, Article II, of this Municipal Code.
B. 
Injunction. Compliance with this chapter may also be enforced by injunction at the suit of the Village. It shall not be necessary to prosecute for a forfeiture before resorting to injunctional order or proceedings.