[HISTORY: Adopted by the Town Board of the Town of Pacific 9-18-2012 by Ord. No.
2012-19. Amendments noted where applicable.]
[Amended 3-18-2014 by Ord. No. 2014-3; 2-17-2015 by Ord. No.
2015-5]
The title of this chapter is "Land Use and Zoning Review Procedures
Ordinance." The purpose of this chapter is to establish review procedures
for Town processes that involve land use and zoning decisions and
to provide procedures for reimbursement of Town expenses incurred
under such processes. The Town finds that conducting land use and
zoning related reviews incurs expense to the Town where individuals
request Comprehensive Plan amendments, rezonings (Columbia County),
variances (Columbia County), and conditional use permits (Columbia
County). Given that Columbia County administers zoning controls in
the Town, this chapter acts to protect the interests of the Town's
taxpayers from the burden of necessary review costs on specific owner/applicant
requests. The Town Board of the Town of Pacific has the general authority
under its town and village powers to adopt this chapter pursuant to
§§ 60.10 and 61.34, Wis. Stats.
[Amended 3-18-2014 by Ord. No. 2014-3; 2-17-2015 by Ord. No.
2015-5]
This chapter applies to the Town's preapplication process and
to the following review processes requested by applicants in the Town
of Pacific:
[Amended 3-18-2014 by Ord. No. 2014-3; 2-17-2015 by Ord. No.
2015-5; 11-16-2021 by Ord. No. 2021-8]
Before filing an application for approval for a rezoning, a
conditional use permit, or a variance of a Comprehensive Plan amendment,
the party proposing to file that application is encouraged to consult
with the Town Engineer and/or Town Plan Commission. The party seeking
to utilize this consultation process shall submit to the Town Engineer
a completed concept plan packet containing the information outlined
on the Town's concept plan checklist, as well as a completed
predevelopment agreement or reimbursable services agreement signed
by the owner. This consultation process is neither formal nor mandatory.
This consultation process provides the Plan Commission with initial
information regarding the party's contemplated application. It
is intended to inform that party of the purpose and objectives of
the Town's applicable ordinances, required procedures, general
concerns that the Plan Commission may feel should be addressed and
otherwise assist the party in planning for his/her application. The
Town's time to act on approval does not commence and shall not
be deemed to apply during the period covered by this consultation
process. The costs charged to the Town by the Town Engineer relating
to such consultation/review shall be reimbursed by the party utilizing
this consultation process, and, accordingly, a predevelopment agreement
or reimbursable services agreement shall be executed at the commencement
of this process, signed by the owner of the subject property. However,
to encourage the utilization of this consultation process, the party
utilizing this process will not be charged for the initial hour of
the Town Engineer's time and will not be charged for a meeting
with the Town Plan Commission during that consultation process.
[Amended 4-20-2021 by Ord. No. 2021-2; 11-16-2021 by Ord. No. 2021-8]
A.
The owner(s) of the real estate that is the subject of the application
must be the applicant on any application under this chapter and must
execute the documents requiring the applicant's signature and
appear at any proceedings in support of the application. However,
after the application and accompanying documents are filed with the
Town, the owner(s) may, in writing, designate an agent with the authority
to thereafter act on the owner's (owners') behalf and bind
the owner(s) in regard to any matters relating to the application.
B.
The Town of Pacific has established a uniform set of application materials to guide the applicant through various policies and procedures relating to each of the review processes listed in § 445-3 of this chapter (hereinafter referred to as "application packet"). Each application packet and the directives included therein are hereby made as exhibits of this chapter and are to be considered a part of this chapter.
C.
The Town finds that application packets which provide for a specific
review/approval process benefit the public, the Town of Pacific and
the applicant for the following reasons:
(1)
The Town and the applicant have clear expectations for the process
and approvals.
(2)
Quick reference for Town staff and Town officials.
(3)
Better efficiency in compiling the required information for submittal
and review.
(4)
Lower submittal and review costs to applicant.
(5)
Greater potential for a streamlined approval process.
(6)
Email-ready transmittal and dissemination of Town requirements.
[Amended 4-16-2013 by Ord. No. 2013-3; 2-17-2015 by Ord. No.
2015-5]
A.
Public meetings. Where applications are forwarded from the county
to the Town of Pacific or are submitted directly to the Town of Pacific,
costs are incurred in the review process so the Town can allow for
public input on various land use and zoning matters. The Town incurs
cost in preparing and hosting a public hearing and other special Town
meetings. These costs are established in the Town's fee schedule and
shall be paid by the applicant as part of the application submittal
prior to a public meeting being scheduled.
B.
Consultants. In the process and review of an application, the Town may seek and retain professional consultation regarding the application and/or submission from an engineering, planning, surveying, legal, technical or environmental consultant (consultants) selected by the Town of Pacific as deemed necessary to facilitate the complete review of the application or submission. The consultants' fees shall be directly connected to the submittal or application and shall be reasonable. To avoid this expense being passed on to taxpayers of the Town, the Town shall remit the exact cost of such fees to the applicant for prompt payment. Every applicant will be required to sign a predevelopment agreement supplied by the Town. The agreement shall state, amount other things, that the applicant understands that unpaid fees will be collected according to § 445-8C of this chapter.
The Town of Pacific hereby establishes the review procedures included in each application packet for land use and zoning related matters not already covered by Town ordinance. The application packets for each of the requests identified in § 445-3 are hereby incorporated into this chapter by reference. The Town wishes to minimize the time required in review and meetings for the benefit of all parties involved. A properly completed submittal application will receive an opportunity for Town action in an appropriate and reasonable time frame.
[Amended 4-16-2013 by Ord. No. 2013-3; 11-16-2021 by Ord. No. 2021-8]
A.
At such time as the applicant submits an application for review by
the Plan Commission and Town Board, it shall deposit with the Town
Treasurer, in escrow, the sum(s) provided for below, to be applied
toward the fees owed to the Town under the reimbursable services agreement.
B.
However, if the applicant submits more than one of these applications
covering the same project, then the Town Engineer may reduce the total
amount of the initial escrow amounts based upon the scope and complexity
of the project.
C.
Funds deposited in escrow shall be handled in accordance with the
policy covering escrow funds adopted by the Town, which policy is
posted on the Town's website.
A.
Invoices. The Town will provide the applicant copies of all fee invoices
and charges incurred by the Town in direct connection to the application
review. Where consultants are involved in an application, the consultants'
time and material charges shall be clearly shown in an itemized format.
Invoices sent by the Town shall be paid within 30 days, or the application
may be suspended or denied.
B.
Thirty-day-aged invoices. The Town reserves the right to suspend
or deny any application for which an invoice is greater than 30 days
outstanding. No final action by the Town shall occur until all fees
billed by the Town are paid in full, either directly or through an
escrow account.
C.
Sixty-day-aged invoices. The Town will place a property for which
an application has been submitted in arrears where there is a sixty-day
outstanding invoice. All Town activity will be ceased on the subject
property. No final action by the Town shall occur until all fees billed
by the Town are paid in full, either directly or through an escrow
account. Failure to pay such fee within 60 days shall be grounds for
revocation of the permit and issuance of a stop-work order. The Town
may collect the unpaid fees by imposing a special charge upon the
next tax roll of the parcel or parcels of real estate proposed to
be or actually disturbed pursuant to § 66.0627, Wis. Stats.,
or through any other means provided by law.
D.
Escrow replenishment. When the Town-designated escrow account is
reduced to 1/4 of its initial amount, the applicant shall deposit
additional funds into the account to bring its balance up to the amount
of the required initial deposit. If the account is not replenished
within 30 days after the applicant is notified in writing of the requirement
for such additional deposit, the Town may suspend its review of the
application or submission until such time as funds are remitted to
the Town. The Town, in its sole discretion, may not require the replenishing
of this escrow account where it is clear the funds remaining cover
the remaining balances and expenses of the Town in direct connection
to the application or submission.
[Amended 2-18-2014 by Ord. No. 2014-1]
E.
Refund of unused amounts. Once all consultants' fees and Town costs
related to a particular submission or application have been paid by
the applicant, either directly or through an escrow account, the Town
shall refund to the applicant any funds remaining on deposit.
A.
The purpose of requiring conformance to the process and procedures
under this chapter is to ensure the health, safety, morale, comfort,
prosperity and general welfare of the Town of Pacific. This chapter
shall not be interpreted as placing any responsibility or liability
on any Town official, Town employee, or the Town as a municipal corporation
for the granting of approval or the denial of any approval. All approvals
rendered as part of this chapter shall be considered as being approved
conditionally based on the information and circumstances apparent
at that time.
B.
Approvals issued by the Town shall not be construed as an assumption
or expression of any responsibility, warranty or guarantee for the
implementation from any approvals given under this chapter.
