Richfield Village Washington County
City Zoning Code
City Zoning Code
ARTICLE 4
General Procedural Requirements
§ 170.200 Legislative findings.
The Village Board makes the following legislative findings:
A.
Development review procedures 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.
B.
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.
C.
Enforcing the rules and regulations contained in this chapter is an important function of government.
§ 170.201 Purpose.
The development review requirements and procedures in this chapter are intended to:
A.
Provide efficient and timely review of applications and ensure fairness and due process;
B.
Ensure that applications are reviewed consistently by establishing criteria in making recommendations and final decisions; and
C.
Ensure complete and timely compliance.
§ 170.202 Authority to file application.
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.
§ 170.203 Permission to enter subject property.
Submission of an application as may be required in this chapter authorizes Village 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.
§ 170.204 Burden of proof.
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.
§ 170.205 Effect of outstanding violation.
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.
§ 170.206 Effect of outstanding obligation.
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.
§ 170.207 Concurrent review.
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.
§ 170.208 Application fees and other charges.
A.
Assessment of fees. From time to time, the Village Board may by resolution establish application fees and other charges it deems necessary in the administration of this chapter.
B.
After-the-fact fees. The Village 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 Village staff in error.
§ 170.209 Charge back of professional service fees.
A.
Generally. When specifically authorized by this chapter and pursuant to § 66.0628, Wis. Stats., an applicant shall be responsible for paying the professional service fees of individuals or private firms the Village 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.
Upfront payment. The applicant shall submit an upfront payment established by the Village when submitting an application. In the event the amount in the escrow account is not anticipated to cover related costs, the applicant shall promptly submit additional funds. In the event, the amount in the escrow is not sufficient, no additional work should proceed. In addition, the Village Clerk shall automatically charge any unpaid balance as a delinquent tax against the property as provided by state law.
§ 170.210 Nonconfidentiality of submitted information.
All written information that an applicant submits to the Zoning Administrator during a presubmittal meeting or at any point in the review process is considered part of the public record subject to disclosure under state and local law.
§ 170.211 Nature of staff comments.
Any statements and recommendations that are made by the Zoning Administrator, Village staff and officials, and other representatives prior to or during the application review process are not binding on the decisionmaking body responsible for making the final decision.
§ 170.212 Withdrawal of application.
A.
Timing of withdrawal. An applicant may withdraw an application anytime 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.
§ 170.213 Appeals.
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.
§ 170.214 Revocation or modification of approval.
If a development project is approved under this chapter, the review authority granting final approval may revoke or modify an approval if it is determined that information in the application or otherwise provided by the applicant or the applicant's agent was incomplete, false, misleading, or inaccurate and such information would have altered its decision to approve the application or the conditions of approval which were or were not imposed.
§ 170.215 Application review schedule.
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 Village's website.
§ 170.216 Application forms.
The Zoning Administrator shall prepare application forms and may amend them from time to time.
§ 170.217 Other approvals.
It is the responsibility of those undertaking development projects within the Village to obtain all applicable permits and other approvals as may be required by the Village of Richfield, Washington County, and federal and state authorities as may be required.
§ 170.218 Building permit.
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.
§ 170.230 General rules for type of notice.
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 describes the different types of notice and related requirements.
§ 170.231 Cost to provide notice.
The Village pays the costs related to the provision of notice required under this division, unless otherwise specified in the adopted fee schedule.
§ 170.232 Public notice.
A.
Generally. When required, the official responsible for processing the application shall place public notice in the official newspaper as set forth in this section.
B.
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.[1]
[1]
Editorial Note: See §§ 985.01(1m) and 985.07, Wis. Stats.
C.
Content. The notice shall include the information listed in Exhibit 4-1.
§ 170.233 Property owner notice.
A.
Generally. When required, the Zoning Administrator shall mail a notice to property owners within 500 feet of the subject property involved in the application as set forth in this section. In the event an outlot associated with a certified survey map or subdivision is located within the 500-foot area and lot owners within the certified survey map or subdivision have a property interest in the outlot, each of those property owners shall also receive the notice.
B.
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 500 feet of such property.
C.
Time requirements. The notice shall be mailed by regular mail at least 10 business days prior to the date of the meeting at which the matter will be considered.
D.
Content. The notice shall include the information listed in Exhibit 4-1.
E.
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 Washington County.
F.
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.
G.
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. Such affidavit must be kept as a public record.
§ 170.234 Distribution list notice. [1]
A.
Establishment of distribution list. The Village 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 Village Clerk.
D.
Establishment of charges. The Village 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. Such affidavit must be kept as a public record.
[1]
Editorial Note: See § 62.23(7)(d)(4), Wis. Stats.
§ 170.235 Meeting agenda notice.
When required, the body responsible for acting on the application shall place the item on its meeting agenda.
§ 170.236 Content of required notice.
Notices shall include the information listed in Exhibit 4-1.
Exhibit 4-1 Content of Notice |
Key: An "X" means that the indicated information is required. |
A dash " - " means that the indicated information is not required. |
Information | Public Notice (§ 170.232) | Property Owner Notice (§ 170.233) | Distribution List Notice (§ 170.234) |
|---|---|---|---|
Applicant name | X | X | X |
Subject property address or other description by which the public can locate the subject property | X | X | X |
Nature of the application | X | X | X |
A description of the proposed project | X | X | X |
Name of body or official who will consider the application | X | X | X |
Date, time and location of the public hearing | X | X | X |
Location where the public can view the application | X | X | X |
The criteria that will be used to evaluate the proposal | - | X | - |
General location map (or available from the Village Clerk during normal office hours) | X | X | - |
NOTE: | |
1 | If the proposed amendment would have the effect of changing the allowable use of any property, the notice must 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 Village Clerk. |
§ 170.250 Legislative findings.
The Village Board makes the following legislative findings relating to public hearings:
A.
Public hearings should be conducted in an orderly, timely, and efficient manner.
B.
Public input is important and should be encouraged.
§ 170.251 General requirements.
A.
Meetings to be public. All public hearings shall be conducted in the Village Hall or in such other public place as may be selected by the body conducting the hearing.
B.
Notice of meetings. Notice of public hearings shall be given as provided for in Division 2 of this article.
C.
Presiding officer for joint meeting. In the event the public hearing involves both the Plan Commission and the Village Board, the Village President shall be the presiding officer.
§ 170.252 General procedure.
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.
A.
Announce the purpose and subject of the public hearing.
B.
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.
C.
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.
D.
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.
E.
Ask the applicant to describe the proposal.
F.
Ask the staff to present a staff report, if required.
G.
Allow members of the body conducting the public hearing to direct questions to the applicant and staff, if present.
H.
Ask for statements from the public.
I.
Read aloud written comments which were submitted when the individual submitting the comments is not in attendance.
J.
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.
K.
Ask the applicant if he or she wishes to:
(1)
Respond to any comment made by an individual during the proceeding;
(2)
Submit additional information;
(3)
Amend the application; or
(4)
Request a continuance.
L.
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.
M.
Ask for a motion and second to close the public hearing.
§ 170.253 Continuances.
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 that the location, date, time for the continued hearing are announced at the time of the continuance.
§ 170.254 Public comment.
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.
§ 170.270 Authorization.
The Zoning Board of Appeals, Plan Commission, and Village Board may conduct a site visit to inspect a property as it relates to a pending development application.
§ 170.271 Open meeting requirements.
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). Any person who would like to attend a site visit should notify the Village Clerk in advance of the date. The Village Clerk will follow established procedures in complying with such request.
§ 170.272 Rules of conduct.
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.
§ 170.273 Site visit during public hearing.
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.
§ 170.274 Site visit not part of public hearing.
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.
§ 170.280 Performance bond.
For the purpose of this chapter, a performance bond is not an acceptable financial guarantee.
§ 170.281 Letter of credit.
A.
Form. The letter of credit shall be irrevocable and shall be in a form acceptable to the Village 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 Village Board shall establish the amount.
C.
Acceptance required. A letter of credit is not accepted by the Village until formal action by the Village Board upon the recommendation of the Village 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 Village 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.
§ 170.282 Cash deposit.
A.
Generally. If a cash deposit is provided under this chapter, the Village is not obligated to pay interest thereon. Any such cash deposit shall remain in the custody of the Village 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 Village Board shall establish the amount.
C.
Acceptance required. A cash bond is not accepted by the Village until formal action by the Village 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 Village may charge a fee for the additional work required of the Village Clerk and Village Treasurer to monitor and handle the cash deposit. The amount of such fee shall be set by the Village Board from time to time by resolution.
§ 170.283 Insufficient funds.
If the Village exercises its right to use a financial guarantee and the cost of performing the authorized work exceeds the amount of the financial guarantee, the Village 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 § 66.0628, Wis. Stats., or as otherwise authorized by state law.