[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.
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.
[Amended 3-22-2004 by Ord. No. 445; 3-13-2017 by Ord. No. 650]
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.
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.
