A.
General.
(1)
The subdivider shall pay a fee equal to the cost of any legal, administrative
or fiscal work which may be undertaken by the Village of Argyle in
connection with the plat or certified survey map. Legal work shall
include the drafting of contracts between the Village of Argyle and
the subdivider. These fees may also include the cost of obtaining
professional opinions, including, but not limited to, attorneys, engineers,
landscape architects, and land planners, requested by the Village
Board or Village staff in connection with the land division being
considered.
(2)
The Village may retain the services of professional consultants (including
planners, engineers, architects, attorneys, environmental specialists,
recreation specialists, and other experts) to assist in the Village's
review of a proposal coming before the Village Board. The submittal
of a development proposal application or petition by a subdivider
shall be construed as an agreement to pay for such professional review
services applicable to the proposal. The Village may charge the costs
for these services to the subdivider. The Village may delay acceptance
of the application or petition as complete or may delay final approval
of the proposal until such fees are paid by the subdivider. Review
fees which are charged to a subdivider, but which are not paid, may
be levied by the Village as a special assessment against the subject
property. The subdivider shall be required to provide the Village
with an executed copy of an agreement as to costs, as set forth in
the Appendix,[1] to pay for said consulting services as a prerequisite
to the processing of the development application.
[1]
Editor's Note: The sample agreement as to costs is on file
in the Village office.
(3)
At the time of submission of a plat or certified survey, the Plan
Commission or Village Board, at its sole discretion, may require the
subdivider to make a good faith deposit with the Clerk-Treasurer to
cover, in all or part, the expenses anticipated to be incurred by
the Village because of the land division. Unused portions of such
fund may be refunded to the subdivider.
B.
Engineering fee. The subdivider shall pay a fee equal to the actual cost to the Village for all engineering work incurred by the Village in connection with the plat or certified survey map, including inspections required by the Village pursuant to § 700-24D. The subdivider shall pay a fee equal to the actual cost to the Village for such engineering work and inspection as the Village Board and/or Village Engineer deems necessary to assure that the construction of the required improvements is in compliance with the plans, specifications and ordinances of the Village or any other governmental authority. Engineering work shall include the preparation of construction plans, standard specifications and administration of the engineering work.
C.
Administrative fee. The subdivider shall pay a fee to the Village
equal to the cost of any legal, administrative or fiscal work which
may be undertaken by the Village in connection with the plat or certified
survey map.
D.
Concept plan. There shall be no fee for the Village's review of a
concept or sketch plan of a proposed land division. However, such
reviews shall be conducted only as staff time permits.
E.
Preliminary plat.[2]
(1)
A subdivider who submits a preliminary plat for the Village Board
shall file said preliminary plat with the Village Clerk-Treasurer
and shall deposit with the Village Clerk-Treasurer a fee to cover
the costs of reviewing said application. The fee for a preliminary
plat shall be a fee as set from time to time by resolution of the
Village Board for up to and including six lots plus an additional
sum as set by the Board per each additional lot over six. If the plat
is rejected, no part of the fee shall be returned to the petitioner.
(2)
A reapplication fee as set by the Village Board shall be paid to
the Village Clerk-Treasurer at the time of reapplication for approval
or amendment of any preliminary plat which has previously been reviewed.
F.
Final plat review fee.[3]
(1)
The subdivider shall pay a fee as set from time to time by resolution
of the Village Board per lot within the final plat to the Village
Clerk-Treasurer at the time of first application for final plat approval
of said plat to assist in defraying the cost of review.
(2)
A reapplication fee as set by the Village Board shall be paid to
the Village Clerk-Treasurer at the time of a reapplication for approval
or amendment of any final plat which has previously been reviewed.
G.
Certified survey.[4]
(1)
The subdivider shall pay an application fee as set from time to time
by resolution of the Village Board for each certified survey.
(2)
Should the subdivider submit an amended or revised certified survey,
the resubmittal fee shall be as set by the Village Board for each
amended or revised certified survey.
H.
Objecting agency review fees. The subdivider shall transmit all fees
required for state agency review to the Village Clerk-Treasurer at
the time of application. Said review fees shall be retransmitted to
the proper state review agency by the Village Clerk-Treasurer. Said
fees shall be applicable, where appropriate, to review fees required
by the Wisconsin Department of Transportation, Wisconsin Department
of Safety and Professional Services and the Wisconsin Department of
Natural Resources.
I.
Public site fee. If the subdivision does not contain lands to be dedicated as required in this chapter, the Village Clerk-Treasurer shall require a fee pursuant to § 700-50 for the acquisition and development of public sites to serve the future inhabitants of the proposed subdivision.
J.
Improvement review fee. The subdivider shall pay a fee or present a bond, certified check, or irrevocable letter of credit equal to 5% of the cost of the required public improvements, as estimated by the Village Engineer at the time of the submission of improvement plans and specifications, to partially cover the cost to the Village of checking and reviewing such plans and specifications. Fee may be recomputed, upon demand of the subdivider or Village Engineer, after completion of improvement construction in accordance with the actual cost of such improvements, and the difference, if any, shall be paid by or remitted to the subdivider. At the Village Board's option, this procedure may be used as an alternative to the escrow account in Subsection L below. Evidence of cost shall be in such detail and form as required by the Village Engineer.
K.
Assessments. All outstanding assessments due to the Village shall
be due prior to the signing of the final plat or certified survey
by the Village.
L.
Administrative costs.
(1)
Cost determination. The subdivider of land divisions within the Village
shall reimburse the Village for its actual cost of design, inspection,
testing, construction and associated legal, real estate and other
fees incurred by the Village in connection with the preliminary plat,
final plat, replat or certified survey. The Village's costs shall
be determined as follows:
(a)
The cost of Village employees' time engaged in any way with
the land division based on the hourly rate paid to the employee multiplied
by a factor determined by the Village Clerk-Treasurer to represent
the Village's cost for expenses, benefits, insurance, sick leave,
holidays, vacation and similar benefits.
(b)
The cost of Village equipment employed.
(c)
The cost of mileage reimbursed to Village employees which is
attributed to the land division.
(d)
The actual costs of Village materials incorporated into the
work, including transportation costs, plus a restocking and/or handling
fee not to exceed 10% of the cost of the materials.
(e)
All consultant fees, including but not limited to legal and
engineering fees, at the invoiced amount plus administrative costs.
Unless the amount totals less than $50, the Village shall draw against
the escrow account or bill the subdivider monthly for expenses incurred
by the Village. Statements outstanding for more than 30 days shall
accrue interest at the rate of 1 1/2% per month. Bills outstanding
for more than 90 days shall be forwarded to the subdivider's surety
agency for payment. Amounts less than $50 shall be held for billing
by the Village until amounts total more than $50 or until the conclusion
of project activities.
(2)
Escrow for fees.
(a)
At such time as the subdivider submits a preliminary plat or
certified survey map for review by the Village, it shall deposit with
the Clerk-Treasurer, in escrow, such sums prescribed from time to
time by resolution of the Village Board to guarantee the timely payment
of the Village's administrative costs for:[5]
(b)
In the event the amount deposited with the Clerk-Treasurer falls
below 25% of the amount required to be deposited, the Village Board
shall have the option of requiring the subdivider to replenish the
escrow to the original amount required hereunder. In the event subdivider
withdraws his/her plat or minor subdivision, or same is approved,
and money remains in escrow over and above the Village's fees, the
excess shall be refunded to the subdivider. The escrow account shall
not draw interest for the benefit of the subdivider. The Clerk-Treasurer,
with the approval of the Village Board, shall have the right to draw
upon the escrow to reimburse the Village for the fees it has incurred
in reviewing the minor subdivision or subdivision on a periodic basis.
An accounting of all fees incurred by the Village and the status of
the escrow shall also be provided to the subdivider periodically.
In the event the subdivider defaults in establishing or replenishing
the escrow, the Village shall not be required to act further upon
the subdivider's request. Failure to replenish the escrow may be sufficient
cause to reject the minor subdivision or subdivision.
