The town board makes the following legislative findings:

(1)

Development review processes should be easily understood and well-structured, and only involve those steps and requirements that are needed to properly review the application. Excessive procedural requirements add unnecessary costs to development projects.

(2)

The general public, property owners in the area, and affected agencies have a right to know about proposed development projects and have meaningful participation in the review process to the extent allowed or required by this chapter.

(3)

Enforcing the rules and regulations contained in this chapter is an important function of government.

(Ord. No. 2020-O-48, § 1(Exh. A), 9-16-2020)

The development review requirements and procedures in this chapter are intended to:

(1)

Provide efficient and timely review of applications and ensure fairness and due process,

(2)

Ensure that applications are reviewed consistently by establishing criteria in making recommendations and final decisions, and

(3)

Ensure complete and timely compliance.

(Ord. No. 2020-O-48, § 1(Exh. A), 9-16-2020)

Unless otherwise specified in this chapter, the owner of the property or a person having the power of attorney for the property owner shall sign the application submitted for review. A person signing an application under the authority of a power of attorney shall include a copy of the power of attorney with the application.

(Ord. No. 2020-O-48, § 1(Exh. A), 9-16-2020)

Submission of an application as may be required in this chapter authorizes town officials and employees, or other designated agents to enter the subject property to verify information in the application and to conduct other site investigations as may be necessary to review the application. This does not authorize any individual to enter any building on the subject property in the absence of the property owner or his or her authorized agent. Failure to allow access to the subject property is sufficient grounds to deny the application.

(Ord. No. 2020-O-48, § 1(Exh. A), 9-16-2020)

(a)

During application review process. During the application review process, the applicant has the burden of proof to show that the application should be approved based on the decision criteria relating to that application.

(b)

During appeal of an administrative decision. During an administrative appeal proceeding, the petitioner has the burden of proof to show that such decision is not consistent with this chapter.

(c)

During enforcement proceedings. During an enforcement proceeding, the zoning administrator or administrative unit taking enforcement action has the burden of proof to show that the action or development is in violation of this chapter.

(Ord. No. 2020-O-48, § 1(Exh. A), 9-16-2020)

If the zoning administrator determines that a parcel is in violation of this chapter, no permit or approval of any kind shall be granted under this chapter that would benefit such parcel, except to correct the violation or as may be required by state law.

(Ord. No. 2020-O-48, § 1(Exh. A), 9-16-2020)

No permit or approval of any kind shall be granted under this chapter that would benefit a parcel for which taxes, assessments, special assessments, or other required payments are delinquent and unpaid.

(Ord. No. 2020-O-48, § 1(Exh. A), 9-16-2020)

To the extent possible, a development project requiring multiple reviews should be done concurrently. When one approval is a condition precedent to approval of another application, the approvals shall be issued in the requisite order.

(Ord. No. 2020-O-48, § 1(Exh. A), 9-16-2020)

(a)

Assessment of fees. From time to time, the town board may by resolution establish application fees and other charges it deems necessary in the administration of this chapter consistent with Wis. Stats. § 66.0628.

(b)

After the fact fees. The town board may establish an "after-the-fact" fee for any procedure it deems appropriate. Payment of such fees shall not release the applicant from full compliance with this chapter nor from prosecution for a violation of this chapter.

(c)

Timing for payment. Application fees shall be paid at the time the application is submitted for review.

(d)

Refunds. Application fees are nonrefundable, except when the application and fee were accepted by the zoning administrator or town staff in error.

(Ord. No. 2020-O-48, § 1(Exh. A), 9-16-2020)

(a)

Generally. When specifically authorized by this chapter and pursuant to Wis. Stats. § 66.0628 an applicant shall be responsible for paying the professional service fees of individuals or private firms the town board elects to hire to assist in the review of a submitted application. Such fees may cover time, materials, and other related expenses of attorneys, planners, engineers, and other specialists, and their support staff. Payment of fees is required whether the application is approved or not.

(b)

Billing procedure. The town clerk shall prepare an itemized statement of the professional service fees to be charged and provide a copy to the applicant. Such statement shall be in writing and shall contain, at a minimum, the following information:

(1)

A statement that the applicant has a specified period of time, not less than 30 days, to pay;

(2)

A statement that the applicant may appeal one or more of the itemized charges within 15 days of the date of the statement to the town board; and

(3)

A statement that any unpaid charge will be assessed as a delinquent charge against the subject property.

(c)

Appeal of charges. To appeal one or more charges, the applicant shall submit a written appeal to the town clerk within the appeal period stated on the statement. The town board shall consider the matter at its next regular meeting, provided the date of the meeting is ten business days or more from the date the appeal is received. The town board shall have the power to approve the charges as assessed or reduce the amount of charges in whole or in part with cause.

(d)

Nonpayment. If the applicant does not appeal the charges within the time period specified in the statement, the town clerk shall automatically charge any unpaid amount as a delinquent tax against the property as provided by state law. In the event the applicant submits an appeal as provided in this section, no charges shall be placed on the tax roll unless and until such time the town board approves the charges against the tax roll in whole or in part. In the event the statement provided to the applicant or the time given for the applicant to pay or following a hearing if the town board approves all or part of the charge, it is too late in the current year for the charge, when it becomes delinquent, to be extended on that year's tax roll, then the delinquent charge shall be extended to the following year's tax roll.

(Ord. No. 2020-O-48, § 1(Exh. A), 9-16-2020)

All written information that an applicant submits to the zoning administrator during a pre-submittal meeting or at any point in the review process is considered part of the public record subject to disclosure under state and local law.

(Ord. No. 2020-O-48, § 1(Exh. A), 9-16-2020)

Statements and recommendations that are made by the zoning administrator, town staff and officials, and other representatives prior to or during the application review process shall not be binding on the decision-making body responsible for making the final decision.

(Ord. No. 2020-O-48, § 1(Exh. A), 9-16-2020)

(a)

Timing of withdrawal. An applicant may withdraw an application any time after submittal, but prior to a final decision.

(b)

Effect of withdrawal. A request to withdraw an application terminates the review process and no decision shall be rendered.

(c)

Retention of application materials. A withdrawn application and related review documents shall be kept as a permanent public record.

(Ord. No. 2020-O-48, § 1(Exh. A), 9-16-2020)

If a development project is approved under this chapter, the applicant may, upon receipt of the decision notice and satisfaction of all precedent conditions of approval, commence the work as authorized under the approval with the understanding that an aggrieved person may file an appeal with the appropriate review body. Prior to the end of the appeal period, all such work proceeds at the risk of the applicant. Similarly, any work that is done while an appeal is pending is done at the risk of the applicant.

(Ord. No. 2020-O-48, § 1(Exh. A), 9-16-2020)

(a)

Authority. The zoning administrator shall from time to time prepare a schedule establishing deadlines for submitting the various types of applications.

(b)

Publication of schedule. The zoning administrator shall make the current review schedule available to the public and may post it on the town's website.

(Ord. No. 2020-O-48, § 1(Exh. A), 9-16-2020)

The zoning administrator shall prepare application forms and may amend them from time to time.

(Ord. No. 2020-O-48, § 1(Exh. A), 9-16-2020)

It is the responsibility of those undertaking development projects within the town to obtain all applicable permits and other approvals as may be required by the town, and federal and state authorities as may be required.

(Ord. No. 2020-O-48, § 1(Exh. A), 9-16-2020)

A building permit for the construction of a new building or the expansion of an existing building shall not be issued until such time as a zoning permit has been issued or a written determination is made that one is not required.

(Ord. No. 2020-O-48, § 1(Exh. A), 9-16-2020)

The type of notice that is given for each of the various procedures outlined in this article is dictated by the nature of the decision. Administrative decisions, such as a zoning permit, involve very little discretion. Either the proposed development meets the standards in this chapter or it does not. In contrast, there are other decisions that involve more discretion and judgment based on particular circumstances. The review of a conditional use application, for example, involves discretion on the part of those involved in making recommendations and a final determination whether the application should be approved or not. As a general rule, notice for an application is not given for administrative decisions. More notice is given when a proposed action could potentially affect other parties, including nearby property owners, other governmental bodies, and the general public. This division outlines when notice is to be given and the nature of the notice when it is required.

(Ord. No. 2020-O-48, § 1(Exh. A), 9-16-2020)

Notice shall be provided as shown in exhibit 4-1.

Exhibit 4-1. Notice

Key: An "X" means that the indicated notice is required; a dash "-" means that the indicated notice is not required.

Notes:

1.

See section 36-165 for more details.

2.

See section 36-166 for more details.

3.

See section 36-167 for more details.

4.

See section 36-168 for more details.

5.

If the proposed amendment would have the effect of changing the allowable use of any property, the notice shall include either a map showing the property affected by the amendment or a description of the property affected by the amendment and a statement that a map may be obtained from the town clerk.

6.

Special requirements apply. See the procedural requirements in division 6 of article V.

(Ord. No. 2020-O-48, § 1(Exh. A), 9-16-2020)

Notices shall include the information listed in Exhibit 4-2.

Exhibit 4-2. Content of Notice

Key: An "X" means that the indicated information is required; a dash "-" means that the indicated information is not required

(Ord. No. 2020-O-48, § 1(Exh. A), 9-16-2020)

The town shall pay the costs related to the provision of notice required under this division, unless otherwise specified by the town board.

(Ord. No. 2020-O-48, § 1(Exh. A), 9-16-2020)

When required, the official responsible for processing the application shall place public notice in the official newspaper consistent with the following provisions:

(1)

Time requirements. A class 1 notice shall be published one time at least seven days before the meeting or hearing. A class 2 notice shall be published once each week for two consecutive weeks, the last one occurring at least seven days before the meeting or hearing.

(2)

Content. The notice shall include the information listed in exhibit 4-2.

(Ord. No. 2020-O-48, § 1(Exh. A), 9-16-2020)

State Law reference— Wis. Stats. §§ 985.01(1m), 985.07

(a)

Generally. When required, the zoning administrator shall mail a notice to property owners within 300 feet of the subject property involved in the application consistent with the following provisions:

(1)

Time requirements. The notice shall be mailed by regular mail at least ten business days prior to the date of the meeting at which the matter will be considered.

(2)

Content. The notice shall include the information listed in exhibit 4-2.

If an outlot or other open lands in a platted subdivision, which is owned by all owners in the subdivision, a corporate entity, the original developer, the town, or otherwise, is located within 300 feet of the subject property, the mailing shall also be sent to all of the owners of land in the subdivision.

(b)

Source of names and addresses. The names and addresses of property owners shall be deemed to be those listed on the tax records maintained by Waukesha County.

(c)

Failure to receive notice. The failure of a person to receive notice as described in this section shall not invalidate or otherwise have any effect upon a public hearing or other action taken on the application.

(d)

Additional notice. When the applicant also owns the land adjoining the subject property involved in the application, the administrator shall mail a notice to those property owners within 300 feet of such property.

(e)

Affidavit of mailing. The person sending the notices shall prepare an affidavit of mailing to certify that notice was provided as described in this section.

(Ord. No. 2020-O-48, § 1(Exh. A), 9-16-2020)

(a)

Establishment of distribution list. The town clerk shall maintain a list of persons who submit a written request to receive notice of any proposed regulation or amendment thereof that may affect the allowable use of the person's property.

(b)

When notice is required. The body conducting the public hearing shall send a notice, which contains a copy of the proposed regulation or amendment, to each person on the distribution list whose property, the allowable use of which may be affected by the proposed regulation or amendment.

(c)

Method of distribution of notices. The notice shall be by mail or in any reasonable form that is agreed to by the person and the town clerk.

(d)

Establishment of charges. The town board may from time to time adopt a resolution establishing a processing fee that shall be charged to each person on the list who is sent a notice. The amount of such fee shall not exceed the approximate cost of providing the notice to the person.

(e)

Effect of failure to send notice. An ordinance or amendment shall take effect if the body conducting the meeting fails to send the notice as required by this section.

(f)

Affidavit of mailing. The person sending the notices shall prepare an affidavit of mailing to certify that notice was provided as described in this section.

(Ord. No. 2020-O-48, § 1(Exh. A), 9-16-2020)

State Law reference— Wis. Stats. § 62.23(7)(d)(4).

When required, the body responsible for acting on the application shall place the item on its meeting agenda.

(Ord. No. 2020-O-48, § 1(Exh. A), 9-16-2020)

An affidavit of mailing provides documentary evidence that a mailing as required in this chapter was mailed. An affidavit of mailing shall be kept as a public record.

(Ord. No. 2020-O-48, § 1(Exh. A), 9-16-2020)

The town board makes the following legislative findings relating to public hearings:

(1)

Public hearings should be conducted in an orderly, timely, and efficient manner.

(2)

Public input is important and should be encouraged.

(Ord. No. 2020-O-48, § 1(Exh. A), 9-16-2020)

(a)

Meetings to be public. All public hearings shall be conducted in the town hall or in such other public place as may be selected by the body conducting the hearing.

(b)

Notice of meetings. Notice of a public hearing shall be given as provided for in division 2 of this article.

(Ord. No. 2020-O-48, § 1(Exh. A), 9-16-2020)

The presiding officer conducting the public hearing may follow the following procedure listed in this section as a general guideline. For matters of little complexity or controversy, the presiding officer may adjust the procedures as appropriate.

(1)

Announce the purpose and subject of the public hearing.

(2)

Determine whether public notice as required by this chapter has been provided. If notice has not been provided, the hearing shall be postponed until such time as proper notice has been provided.

(3)

Ask if any member of the body conducting the public hearing has a conflict of interest in regard to the matter being discussed and excuse those who do.

(4)

Ask if any member of the body conducting the public hearing believes another member has a conflict of interest in regard to the matter being discussed. If so, and following a discussion of the alleged conflict of interest, the members (except the member with the alleged conflict) shall determine by vote whether a reasonable person may conclude that the member has a conflict of interest and should be removed from the pending decision.

(5)

Ask the applicant to describe the proposal.

(6)

Ask the staff to present a staff report, if required.

(7)

Allow members of the body conducting the public hearing to direct questions to the applicant and staff, if present.

(8)

Ask for statements from the public.

(9)

Read aloud written comments which were submitted when the individual submitting the comments is not in attendance.

(10)

Call for discussion of the members of the body conducting the public hearing during which time they may ask questions of a member of the public, the applicant, and the staff, if present.

(11)

Ask the applicant if he or she wishes to:

a.

Respond to any comment made by an individual during the proceeding;

b.

Submit additional information;

c.

Amend the application; or

d.

Request a continuance.

(12)

Announce that the body shall not accept any additional comment from the applicant or any member of the public once the public hearing is closed.

(13)

Ask for a motion and second to close the public hearing.

(Ord. No. 2020-O-48, § 1(Exh. A), 9-16-2020)

(a)

Prior to start of public hearing. In the event the applicant or the applicant's agent is not present for the public hearing, the body conducting the public hearing may authorize a continuance.

(b)

During a public hearing. Prior to the close of the public hearing, the applicant may request a continuance and the body conducting the public hearing may agree to the continuance upon a showing of good cause. Likewise, the body conducting the public hearing may ask the applicant for a continuance, but the applicant is not required to grant such request. If the applicant does not grant a continuance, the body shall act on the information at its disposal.

(c)

Effect. A continuance stops the time clock for making a decision.

(d)

Notice requirements. A public hearing may be continued to a later date without again providing public notice, provided the location, date, time for the continued hearing are announced at the time of the continuance.

(Ord. No. 2020-O-48, § 1(Exh. A), 9-16-2020)

(a)

Time limitations on public comment. The presiding officer may impose a time limit on members of the public who wish to address the body conducting the public hearing to assure completion of the agenda in a timely manner. Under no circumstance shall such time limit be less than three minutes.

(b)

Written comment. Prior to the close of the public hearing, members of the public may submit written comments to the body conducting the public hearing. Such documents shall be retained and made part of the public record for the proceeding.

(Ord. No. 2020-O-48, § 1(Exh. A), 9-16-2020)

The zoning board of appeals, plan commission, and town board may conduct a site visit to inspect a property as it relates to a pending development application.

(Ord. No. 2020-O-48, § 1(Exh. A), 9-16-2020)

A site visit is a public meeting and must comply with Wisconsin's open meeting requirements and the requirements of the Americans with Disabilities Act (ADA).

(Ord. No. 2020-O-48, § 1(Exh. A), 9-16-2020)

(a)

Participation. To ensure everyone hears what is being said during a site visit, participants should stay together as they tour the subject property.

(b)

Comments. No recommendations can be offered, and no decisions can be made during a site visit.

(c)

Quorum required. A site visit must be attended by a quorum of the review authority.

(d)

Overview of site visit. When the review authority reconvenes their meeting or public hearing, the presiding officer should initiate a discussion of the members to document the major points that were discussed and/or observations made on the site visit.

(Ord. No. 2020-O-48, § 1(Exh. A), 9-16-2020)

If a site visit is conducted as part of a public hearing, discussion is strictly limited to points of clarification, such as:

(1)

The location of features (e.g., property boundary lines),

(2)

Placement of proposed improvements,

(3)

Features to be retained or removed as part of the proposed project, and the like.

The merits of the proposal must not be discussed during the site visit.

(Ord. No. 2020-O-48, § 1(Exh. A), 9-16-2020)

If a site visit is not part of a public hearing, the petitioner and plan commission members may engage in a general discussion related to the pending application. Such discussion should however be limited to what is observed during the tour as it relates to the proposed project.

(Ord. No. 2020-O-48, § 1(Exh. A), 9-16-2020)

For the purposes of this chapter, a performance bond is not an acceptable financial guarantee.

(Ord. No. 2020-O-48, § 1(Exh. A), 9-16-2020)

(a)

Form. The letter of credit shall be irrevocable and shall be in a form acceptable to the town attorney.

(b)

Amount. The amount of the letter of credit shall conform to the amount established in this chapter. If an amount is not specified in this chapter, the town board shall establish the amount.

(c)

Acceptance required. A letter of credit is not accepted by the town until formal action by the town board upon the recommendation of the town attorney.

(d)

Minimum requirements for issuer. The bank, savings and loan, or other financial institution issuing the letter of credit must be authorized to do business in the state of Wisconsin and have a financial standing acceptable to the town attorney.

(e)

Obligation of private party. The provision of a letter of credit shall not remove the burden of performing the work the letter of credit is intended to guarantee.

(Ord. No. 2020-O-48, § 1(Exh. A), 9-16-2020)

(a)

Generally. If a cash deposit is provided under this chapter, the town is not obligated to pay interest thereon. Any such cash deposit shall remain in the custody of the town treasurer.

(b)

Amount. The amount of the cash deposit shall conform to the amount established in this chapter. If an amount is not specified in this chapter, the town board shall establish the amount.

(c)

Acceptance required. A cash bond is not accepted by the town until formal action by the town board.

(d)

Obligation of private party. The provision of a cash deposit shall not remove the burden of performing the work the cash deposit is intended to guarantee.

(e)

Administrative fee. When a cash deposit is offered as a financial guarantee, the town may charge a fee for the additional work required of the town clerk and town treasurer to monitor and handle the cash deposit. The amount of such fee shall be set by the town board from time-to-time by resolution.

(Ord. No. 2020-O-48, § 1(Exh. A), 9-16-2020)

If the town exercises its right to use a financial guarantee and the cost of performing the authorized work exceeds the amount of the financial guarantee, the town shall send a bill to the property owner for the outstanding balance. If the property owner does not pay such costs within 30 days after billing, such costs shall constitute a special charge under Wis. Stats. § 66.0627, or as otherwise authorized by state law.

(Ord. No. 2020-O-48, § 1(Exh. A), 9-16-2020)