[Added 9-26-2005 by Ord. No. 481]
Upon submission of a petition for annexation to the Village, all territory included in the petition shall be evaluated to determine whether the existing Village infrastructure or infrastructure improvements planned and included in the impact fee studies set forth in Article VI will accommodate said annexed territory, or whether, because of elevation, topography or other characteristics of the land, extraordinary or additional infrastructure will be required in order to develop said territory, including but not limited to well(s), water tower(s), booster station(s), altitude valve(s) and lift station(s). Where such additional infrastructure will be required, the owner of the territory to be annexed shall be required to install said infrastructure at its own expense as a condition of annexation and dedicate it to the public, and the land shall not be annexed until said owner provides a financial guarantee for the estimated cost of said infrastructure.
The financial guarantee shall be in the form of a surety bond to secure to the Village the actual construction, installation and completion of the additional improvements required. Such guarantee shall be in the amount of the estimated costs, as determined by the Village Engineer, of the improvements required, inclusive of a fifteen-percent contingency, and shall be executed by the owner or agent as principal and a corporation authorized to so act in the state and shall be approved by the Village Attorney.
The surety shall be conditioned upon the faithful performance of the work required to be done by the owner or agent and shall be subject to the condition that the owner or agent shall cause the completion of the subject improvements within two years thereafter or within such other time frame as may be set forth by the Village Board.
Alternative form of surety. As an alternative to the surety bond required by this section, the owner or agent may deposit cash, certified check or irrevocable letter of credit with the Village, such deposit or trust agreement or letter of credit terms to provide that the surety will be paid out only on certificate by the Village Board that the work has been completed, approved and accepted.
Guarantee period. The surety required herein shall in no case be reduced to less than 15% of its original total until the expiration of the one-year period after acceptance by the Village during which the improvements shall be guaranteed by the owner.
Village may do work. Any financial guarantee shall be conditioned that should the owner or agent fail to complete the work within the time limit specified, the Village may cause all uncompleted work to be done; and the parties executing the guarantee shall be firmly bound for the payment of all necessary costs therefor.
Where the property to be annexed is developed prior to annexation, an annexation fee in an amount equal to the total amount of the impact fees that would be applicable to the property if it were developed after annexation, as set forth in Article VI, shall be paid to the Village prior to annexation.
In addition to the surety required in this article, the Village Board shall withhold its final approval of the annexation until the owner deposits with the Village, in cash or by certified check, a sum equal to the costs incurred and anticipated which are related to the Village's evaluation of the proposed annexation, including, but not limited to, the costs of public notices required by law or ordinance, the administrative, legal and engineering costs related to review of the subject territory, the drafting and or review of all legal documents, including ordinances and resolutions, and any other Village costs reasonably related to said annexation.
Nothing in this article shall bar the Village from evaluating the annexation in conjunction with its evaluation of a proposed subdivision and incorporating the financial guarantee and cash deposit requirements herein with the financial guarantee and cash deposit requirements set forth in § 235-19D.
Nothing in this article shall bar the Village from agreeing with the owner that subsequent users of the improvements required herein may be required to contribute to the costs thereof pursuant to Wis. Stats. § 66.0821.
[Added 7-22-2013 by Ord. No. 608]
When the Village determines through a review of land use and platted development or other study that a specific type of land or a specific location of land is needed for the orderly growth and development of the Village, the Village Board may, but is not required to, waive the requirements in §§ 235-40 and 235-41 that the owner perform a detailed study of required infrastructure and provide a financial guaranty for the estimated cost of infrastructure upon the following conditions:
The owner of the land agrees, in writing, to pay all of the costs related to the evaluation of the annexation by the Village and agrees that, in the event that payment of such costs is not made within 30 days of being billed, the Village may take any legal efforts to recover those costs from the landowner, including filing a lien against the property that is the subject of the annexation;
The owner agrees, in writing, that any potential infrastructure improvements and/or costs provided by the Village or its Engineer are estimates only and are not binding on the Village or the Village Engineer;
In order to make the owner aware of the potential costs of required improvements prior to annexation, the owner of the land must submit a preliminary estimate of potential uses for the land and preliminary studies regarding infrastructure improvements required for those uses. If there is more than one potential use, the owner will submit the information for all alternate uses. The Village Engineer will review the submitted information and, if the Village Engineer determines that infrastructure not included in the preliminary estimates could be required, the Engineer will provide that information to the owner. Information provided by the Village and its Engineer is not binding;
The evaluation for zoning the land will be based on the preliminary uses provided by the owner.