This chapter shall be administered by the Public Works and Development
Director or his designee. The Public Works and Development Director
or designee, in the administration of this chapter, shall:
A.
Receive plats and certified survey maps from the subdivider. The
Public Works and Development Director or designee shall distribute
copies of plats and certified survey maps as provided for in this
chapter and shall receive review comments from review agencies, boards
and committees required to comment on such land division.
B.
Advise the subdivider of all recommendations made by the City Plan
Commission and actions taken by the Common Council.
C.
Maintain records of plat and certified survey map filings, approvals,
fees paid and other sureties.
D.
Determine that all land divisions within the jurisdiction of this
chapter requiring review by this chapter have secured the necessary
review and approvals.
E.
Assist the City Attorney in the prosecution of violations.
A.
Compliance required. No person shall build upon, divide, convey,
record or place monuments on any land in violation of this chapter
or the Wisconsin Statutes, and no person shall be issued a City zoning,
building or plumbing permit authorizing the building on or improvement
of any lot, block, parcel, certified survey map or any part of any
subdivision or replat within the jurisdiction of this chapter not
of record as of the effective date of this chapter until the provisions
and requirements of this chapter have been fully met.
B.
Floodlands. Every structure, fill or development placed or maintained
on floodlands in violation of this chapter is hereby declared a public
nuisance and the creation thereof may be enjoined and maintenance
thereof abated by action at suit of the state, the City or any citizen
thereof.
C.
Drainage to be maintained. No person shall obstruct the flow of surface
water contrary to an approved stormwater and drainage plan so as to
prevent surface water from reaching a storm sewer or drainage channel
without interim ponding, except as provided in an approved stormwater
and drainage plan.
A.
Penalties. Any person who violates or fails to comply with the provisions
of this chapter shall, upon conviction thereof, forfeit not less than
$100 nor more than $1,000, plus the costs of prosecution for each
offense, and the penalty for default of payment of such forfeiture
and costs shall be imprisonment in the county jail until payment thereof,
but not exceeding six months. However, the maximum forfeiture where
a violation of any provision of this chapter is also a violation of
a state statute shall not exceed the maximum fine imposed by the statute.
Each day a violation exists or continues shall constitute a separate
offense. Violations and concomitant penalties shall include:
B.
Remedies. The City may institute appropriate action or proceedings
to enjoin violations of this chapter or the applicable Wisconsin Statutes.
In addition to any forfeiture imposed, the City may order an Assessor's
plat to be made under § 70.27, Wis. Stats., at the expense
of the subdivider or his agent, when a subdivision is created by successive
divisions of land.
Any person aggrieved by an objection to a plat or a failure
to approve a plat may appeal therefrom, as provided in § 236.13(5),
Wis. Stats., within 30 days of notification of the rejection of the
plat. Where failure to approve is based on an unsatisfied objection,
the agency making the objection shall be made a party to the action.
The court shall direct that the plat be approved, if it finds that
the action of the approving or objecting agency is arbitrary, unreasonable
or discriminatory.
A.
Generally. The subdivider shall pay all fees required by this section
to the City Treasurer, at the times specified, before being entitled
to recording of a plat or certified survey map.
B.
Preliminary plat review.
(1)
At the time of application for approval or review of any of the following,
the subdivider shall pay a fee, as from time to time established by
resolution of the Common Council, to defray the cost of giving notice,
investigation and other administrative processing:
C.
Certified survey map review. The subdivider at the time of application shall pay a fee as from time to time established by resolution of the Common Council to defray the cost of giving notice, investigation or other administrative processing for approval of a certified survey map. In addition to the application fee, the subdivider shall pay the administrative fee in Subsection D(1) of this section.
D.
Improvement review fee.
(1)
Developer's deposit. The subdivider shall pay a fee known as a "developer's
deposit" and an administrative fee as established from time to time
by resolution of the Common Council based on either the number of
residential units or square footage potential for commercial and industrial
subdivisions or based on the estimated engineering review at the time
of the submission of improvement plans and specifications to partially
cover the cost to the City of checking and reviewing such plans and
specifications. If at any time the developer's deposit lapses beyond
30 days of nonpayment, no further inspections or reviews will be conducted
until the account is paid in full and additional funds are deposited
as determined by the City. The fee shall also be used for any costs
incurred by the City for legal, administrative or fiscal work which
may be undertaken in connection with the plat or plan.
(2)
Fee may be recomputed. The fee may be recomputed, upon demand of
the subdivider or City 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. Evidence of
cost shall be in such detail and form as required by the City Engineer.
E.
Inspection fee. The subdivider shall pay a fee which shall be added
to the developer's deposit or to the letter of credit equal to the
actual or projected cost of inspection as the City Engineer or other
approving authorities having jurisdiction for such inspection deem
necessary, to assure that the construction of the required improvements
is in compliance with the plans, specifications and ordinances of
the approving authorities having jurisdiction or any other governmental
authority.[1]
