Petitioners or applicants shall pay a fee for the following listed procedures under this Code to the Town Treasurer at the time of first application for consideration, approval or hearing:

(1)

CREATION. A Town Plan Commission is hereby established to consist of the Town Chairman who shall be its presiding officer, a Town Supervisor and 3 citizens, and until such time as the Town has a Town Engineer of a Park Board, 2 additional citizen members, so that the Board has at all times 7 members. Citizen members shall be persons of recognized experience and qualification. They may receive compensation for services on the Commission. The Town Supervisor member of the commission shall be elected by the Town Board upon the creation of the Commission and during each April thereafter. The 3 citizen members shall be appointed by the Town Chairman, subject to confirmation by the Town Board, upon the creation of the Commission, to hold office for a period ending one, 2 and 3 years respectively, from the succeeding first day of May, and thereafter annually during April one such member shall be appointed for a term of 3 years. The additional citizen members, if any shall be appointed by the Town Chairman and confirmed by the Town Board to hold office for a period ending one year from the succeeding first day of May, and thereafter annually during the month of April. Whenever a Park Board is created or a Town Engineer appointed, the president of such board or such engineer shall succeed to a place on the Board, or such engineer shall succeed to a place on the Board when the term of an additional citizen member shall expire.

(2)

EXPENSES. The Town Plan Commission shall have power and authority to employ experts and a staff, and to pay their wages and such other expenses as may be necessary and proper, not exceeding in all the appropriation that may be made for such commission by the Town Board, or placed at its disposal through gift and subject to any ordinance or resolution enacted by the Town Board.

(3)

RULES OF PROCEDURE. The Commission may adopt rules for the transaction business and shall keep a record of its resolutions, transactions, findings and determinations which shall be a public record.

(4)

MASTER PLAN. It shall be the function and duty of the Commission to make and adopt a master plan and from time to time amend, extend or add to the master plan as provided in §62.23(2), Wis. Stats.

(5)

MISCELLANEOUS POWERS OF THE COMMISSION. The Commission may make reports and recommendations relating to the plan and development of the Town to public officials and agencies, public utility companies, civic, educational, professional and other organizations, and citizens. It may recommend to the Town Board programs for public improvements and the financing thereof. All public officials shall, upon request, furnish to the commission within a reasonable time such available information as it may require for its work. The Commission, its members and employees, in the performance of its functions, may enter upon any land, make examinations and surveys, and place and maintain necessary monuments and marks thereon. In general, the Commission shall have such powers as may be necessary to enable it to perform its functions and promote municipal planning.

(6)

MATTERS REFERRED TO TOWN PLAN COMMISSION.

(a)

In addition to matters specifically required by the ordinance to be referred to the Town Plan Commission, the Town Board shall refer to the Plan Commission for its consideration and report, before a final action is taken by it, the following matters:

1.

The location and architectural design of any public building.

2.

The location of any statue or other memorial.

3.

The location, acceptance, extension, alteration, vacation, abandonment, change of use, sale, acquisition of land or lease of land for any street, alley or other public way, park, playground, area for parking vehicles or other memorial or public grounds.

4.

The location, extension, abandonment or authorization for any public utility, whether publicly or privately owned.

5.

All plats of land in the Town or within the territory over which the Town is given platting jurisdiction by Ch. 236, Wis. Stats.

6.

The location, character and extent of acquisition, leasing or sale of lands for public or semi-public housing, slum clearance, relief of congestion, or vacation camps for children.

7.

The amendment or repeal of any ordinance adopted pursuant to §62.23, Wis. Stats.

(b)

Unless such report is made within 30 days, or such longer period as may be stipulated by the Town Board, the Town Board may take final action without it.

(1)

DESIGNATION. The Town Board shall appoint a Zoning Administrator for the administration and enforcement of the provisions of this chapter under its direction.

(2)

DUTIES. In the administration and enforcement of this chapter, the Zoning Administrator shall perform the following duties:

(a)

Accept and issue the necessary zoning and occupancy and use permits provided the provisions of this chapter and of any applicable building code have been complied with, and make or cause to be made the necessary inspections.

(b)

Keep an accurate record of all zoning and occupancy and use permits issued.

(c)

Keep accurate records and maps of the zoning ordinance and any amendments or changes thereto.

(3)

AUTHORITY. In the enforcement of this chapter the Zoning Administrator shall have the power and authority for the following:

(a)

Upon reasonable cause or questions as to proper compliance, to revoke any Zoning or occupancy and use permit and issue cease and desist orders requiring the cessation of any building, moving, alteration or use which is in violation of the provisions of this chapter, such revocation to be in effect until reinstated by the Zoning Administrator or the Zoning Board of Adjustment.

(b)

In the name of the town and with authorization of the Town Board, commence any legal proceedings necessary to enforce the provisions of this chapter including the collection or forfeitures provided for herein.

(1)

PENALTIES. Any person who violates, disobeys, omits, neglects, refuses to comply with or resists the enforcement of any of the provisions of this chapter or any lawful cease or desist order, sometimes referred to as a Stop Order, issued by the Building Inspector, shall be subject to a forfeiture of not less than $10.00 and not to exceed $200.00 for each offense, together with the costs of the action, and in default of the payment thereof shall be imprisoned in the County Jail for a period not to exceed 6 months, or until such forfeiture costs have been paid. Each day that a violation is permitted to exist shall constitute a separate violation and be punishable as such.

(2)

ENFORCEMENT BY INJUNCTION. Compliance with the provisions of this chapter may also be enforced by injunctional order at the suit of the Town or one or more owners of real estate situated within an area affected by the regulations of this chapter. It shall not be necessary to prosecute before resorting to injunctional proceedings.

(3)

DECLARED NUISANCES. Any building erected, structurally altered or placed on a lot or any use carried on in violation of the provisions of this chapter is hereby declared to be a nuisance per se, and the Town may apply to any court of competent jurisdiction to restrain or abate such nuisance.

All other ordinances or parts of ordinances in conflict with the provisions of this chapter are hereby repealed.

The sections, subsections and paragraphs of this chapter are hereby declared to be severable. If any section, subsection or paragraph or subparagraph of this chapter shall be declared by a decision of a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the other provisions of the chapter or of the section of which the invalid portion or paragraph may be a part.

Section 60.62, Wis. Stats., prohibits the adoption of this chapter unless the ordinance has first been approved by the Waukesha County Board. Accordingly, though adopted by way of a codification ordinance pursuant to §66.0103, Wis. Stats., this chapter will not become effective unless and until approved by the Waukesha County Board.

This chapter will be adopted pursuant to §66.0103, Wis. Stats., by way of a codification ordinance, which codification ordinance, notwithstanding its passage, posting and publication as required by law, shall take effect upon approval by the Waukesha County Board pursuant to §60.62, Wis. Stats.