A.
Compliance. No person, firm or corporation shall divide any land
located within the jurisdictional limits of these regulations which
results in a subdivision, minor land division or a replat as defined
herein; no such subdivision, minor land division or replat, as defined
herein, shall be entitled to recording; and no street shall be laid
out or improvements made to land without compliance with all requirements
of this chapter and the following:
(1)
The provisions of Ch. 236 and § 82.18, Wis. Stats.
(2)
The rules of the Department of Safety and Professional Services contained
in Ch. SPS 385, Wis. Adm. Code, for minor land divisions and subdivisions
not served by public sewer.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(3)
The rules of the Department of Transportation contained in Ch. Trans
233, Wis. Adm. Code, for subdivisions which abut a state trunk highway
or connecting street.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(4)
The rules of the Wisconsin Department of Natural Resources contained
in the Wisconsin Administrative Code for Floodplain Management Program.
(5)
Comprehensive plans or components of such plans prepared by state,
regional, county or municipal agencies duly adopted by the Village
Board.
(6)
All applicable local and county regulations, including zoning, sanitary,
building and official mapping ordinances.
(7)
The Village of Fredonia Comprehensive Plan, or components thereof,
and applicable ordinances of any city or Village whose extraterritorial
jurisdiction extends into the Village.
(8)
All applicable rules contained in the Wisconsin Administrative Code
not listed in this subsection.
B.
Jurisdiction. Jurisdiction of these regulations shall include all
lands within the corporate limits of the Village of Fredonia and the
extraterritorial jurisdiction of the Village. The provisions of this
chapter, as they apply to divisions of tracts of land into less than
five parcels, shall not apply to:
(1)
Transfers of interests in land by will or pursuant to court order;
(2)
Leases for a term not to exceed 10 years, mortgages or easements;
(3)
The sale or exchange of parcels of land between owners of adjoining
property if additional lots are not thereby created and the lots resulting
are not reduced below the minimum sizes required by this chapter or
other applicable laws or ordinances.
(4)
Cemetery plats under § 157.07, Wis. Stats.
(5)
Assessors; plats made under § 70.27, Wis. Stats., but such
assessors' plats shall comply with §§ 236.15(1)(a)
through (g) and 236.20(1) and (2)(a) through (c), Wis. Stats.
C.
Certified survey. Any division of land other than a subdivision as
defined in § 236.02(12), Wis. Stats., shall be surveyed
and a certified survey map prepared as provided in § 236.34,
Wis. Stats.
D.
Building permits. The Village of Fredonia shall not issue any building
permit relating to any parcel of land forming all or any part of lands
included in a subdivision, land division, replat or certified survey
map originally submitted to the Village of Fredonia on or after the
effective date of this chapter until the applicant has complied with
all of the provisions and requirements of this chapter.
E.
Applicability to condominiums. This chapter is expressly applicable
to any condominium with the Village's jurisdiction, pursuant to § 703.27,
Wis. Stats.
A.
Suitability and factors limiting subdivision of lands.
(1)
No land shall be subdivided for residential, commercial or industrial
use which is held unsuitable for such use by the Village Board, upon
the recommendation of the Planning Commission, for reason of flooding,
inadequate drainage, adverse soil or rock formation, unfavorable topography
or any other feature likely to be harmful to the health, safety, or
welfare of the future residents of the proposed subdivision or of
the community.
(2)
It is the intention of the Village of Fredonia that all development
be served by public sanitary sewer facilities. Upon annexation to
the Village, all existing development shall connect to the public
sanitary system if such connections are currently available or at
such time as they become available. In addition:
(a)
No lot served by public sanitary sewer facilities shall have
less than 50% of its required lot area below an elevation at least
two feet above the elevation of the one-hundred-year recurrence interval
flood.
(b)
In the case of lands that are not served by public sanitary
sewer systems, and where connection to a public system is not yet
available:
[1]
No lot one acre or less in area served by an on-site sanitary
sewage disposal (septic tank) system shall include floodlands.
[2]
All lots more than one acre in area served by a septic tank
system shall contain not less than 40,000 square feet of land which
is above flood protection elevation at least two feet above the elevation
of the one-hundred-year recurrence interval flood or, where such data
is not available, five feet above the maximum flood of record.
[3]
No subdivision of such lands shall take place that would result
in lots too small to be adequately served by septic tank systems.
(c)
Lands made, altered or filled with non-earth materials within
the preceding 20 years shall not be divided into building sites which
are to be served by soil absorption waste disposal systems.
(d)
Lands made, altered or filled with earth within the preceding
seven years shall not be divided into building sites which are to
be served by on-site soil absorption sanitary sewage disposal systems.
(e)
Lands having a slope of 12% or more shall be maintained in permanent
open space use. No lot shall have more than 50% of its minimum required
area in slopes of 10% or greater.
(f)
Lands having bedrock within six feet of the natural undisturbed
surface shall not be divided into building sites to be served by on-site
soil absorption sewage disposal systems.
(g)
Lands having groundwater within six feet of the natural undisturbed
surface shall not be divided into building sites to be served by soil
absorption sewage disposal systems.
(h)
Lands covered by soils having a percolation rate slower than
60 minutes per inch or faster than 10 minutes per inch shall not be
divided into building sites to be served by on-site soil absorption
sewage disposal systems.
(i)
Lands drained by farm drainage tile or farm ditch systems shall
not be divided into building sites to be served by on-site soil absorption
sewage disposal systems.
(j)
The Village Board, in applying the provisions of this section,
shall in writing recite the particular facts upon which it bases its
conclusion that the land is not suitable for residential, commercial,
industrial or institutional use and afford the subdivider an opportunity
to present evidence regarding such unsuitability if he so desires.
Thereafter, the Village Board may affirm, modify or withdraw its determination
of unsuitability.
B.
Existing flora. The subdivider shall make every effort to protect
and retain all existing trees, shrubbery, vines and grasses not actually
lying in public roadways, drainageways, building foundation sites,
private driveways, soil absorption waste disposal areas, paths and
trails. Such trees are to be protected and preserved during construction
in accordance with sound conservation practices, possibly including
the preservation of trees by well islands or retaining walls whenever
abutting grades are altered, pursuant to a landscaping plan filed
by the subdivider.
A.
Streets, highways, and drainageways. Whenever a proposed subdivision,
minor land division or condominium plat encompasses all or any part
of an arterial street, drainageway or other public way which has been
designated in the Comprehensive Plan or component thereof or the Official
Map of the Village, said public way shall be made a part of the plat
or certified survey map and dedicated or reserved, as determined by
the Village, by the subdivider in the locations and dimensions indicated
on said plan or map and as set forth in this chapter.
B.
Park, open space, and school sites. Park and school sites shall be
dedicated or reserved as provided in this chapter.
Common areas or facilities within a land division or condominium
shall be held in common ownership as undivided proportionate interests
by the members of a homeowners' or condominium association, subject
to the provisions set forth herein. The homeowners' or condominium
association shall be governed according to the following:
A.
The subdivider shall provide the Village with a description of the
homeowners or condominium association, including its bylaws, and all
documents governing maintenance requirements and use restrictions
for common areas and facilities. These documents shall be subject
to review as to form by the Village Attorney at the subdivider's expense.
B.
The association shall be established by the owner or applicant and
shall be operating prior to the sale of any lots or units in the subdivision
or condominium.
C.
Membership in the association shall be mandatory for all purchasers
of lots or units therein and their successors and assigns.
D.
The association shall be responsible for maintenance and insurance
of common areas and facilities.
E.
A land stewardship plan for any common open space to be retained
in a natural state shall be included in the submittal of association
documents.
F.
The members of the association shall share equitably the costs of
maintaining, ensuring, and operating common areas and facilities.
G.
The association shall have or hire adequate staff to administer,
maintain, and operate common areas and facilities.
H.
The subdivider shall arrange with the Village Assessor a method of
assessment of any common areas and facilities, which will allocate
to each lot, parcel, or unit within the land division or condominium
a share of the total assessment for such common areas and facilities.
I.
The Village may require that it receive written notice of any proposed
transfer of common areas or facilities by the association or the assumption
of maintenance of common areas or facilities. Such notice shall be
given to all members of the association and to the Village at least
30 days prior to such transfer.
J.
In the event that the association established to own and maintain
common areas and facilities, or any successor organization thereto,
fails to properly maintain all or any portion of the aforesaid common
areas or facilities, the Village may serve written notice upon such
association setting forth the manner in which the association has
failed to maintain the aforesaid common areas and facilities. Such
notice shall set forth the nature of corrections required and the
time within which the corrections shall be made. Upon failure to comply
within the time specified, the association, or any successor association,
shall be considered in violation of this chapter, in which case the
Village shall have the right to enter the premises and take the needed
corrective actions. The costs of corrective actions by the Village
shall be assessed against the properties that have the right of enjoyment
of the common areas and facilities.
[Amended at time of adoption of Code (see Ch. 1, Art. II,
Adoption of Code)]
Before or as a condition of receiving final approval from the Village Board of any final plat, condominium plat, or certified survey map for which public improvements are required by this chapter; or for which public improvements, dedications, or fees are being deferred under this chapter; or for which phasing approval is being granted under § 500-13D(1) of this chapter, the subdivider shall sign and file with the Village Board a development agreement. The development agreement shall be approved as to form by the Village Attorney, and shall be approved by the Village Board prior to approval of the final plat, condominium plat, or certified survey map.
A.
Purpose. The Village of Fredonia realizes that the purpose of annexation
is to provide an orderly means by which the legal boundaries of the
Village can be extended and allow the natural progression of growth
of the community. The Village realizes also that annexation procedure
is not intended merely to serve the best interests in the area proposed
for annexation, nor is it intended to serve only the interests of
the people living within the existing municipal boundary, but rather
annexation must serve the long-term interest of the entire community
of which both groups are an important part. Therefore, the Village
shall equally apply this annexation policy for the following purposes:
(1)
To ensure that each annexation provides for the ongoing health, safety
and welfare of the current and future citizens and property owners
within the Village.
(2)
To continue community growth as stated in the Village of Fredonia
Vision 2020 Comprehensive Plan within reasonable parameters as stated
in the Comprehensive Plan without compromising the physical and fiscal
ability of the Village to economically and equitably provide services
and infrastructure utilized and supported by current and future citizens
and property owners.
(3)
To implement the policies of the Comprehensive Plan for the orderly
growth of the community.
(4)
To implement the Village's zoning and building ordinances to the
adjacent areas in a logical manner, ensuring orderly future growth.
(5)
To provide the natural extension of public services that otherwise
would not be available to properties not within, but contiguous to,
Village boundaries.
B.
Areas of annexation. The Village shall annex areas pursuant to the
Village Growth Area Map of the Comprehensive Plan (Map 7-1). It is
the intent of the Village that the boundaries shall be eventually
extended to encompass most of the Village Growth Area that has been
determined to be within the sphere of influence of the Village.
(1)
The Village shall annex areas within the Village Growth Area generally
in the order of short-term, mid-term and long-term as shown on Map
7-1.
(2)
Annexation areas must be contiguous to the Village and must contribute
to the logical growth pattern of the Village, and therefore, irregular
boundaries must be minimized.
(3)
Every annexation shall include the greatest amount of property within
contiguous areas of land use designations as possible, as shown on
the Village of Fredonia 2020 Land Use Plan of the Comprehensive Plan
(Map 7-3), especially within the five contiguous Traditional Neighborhood
Development areas.
(4)
Generally, no pocket or island of unincorporated jurisdiction shall
remain or be created from an annexation, and peninsulas or irregular
boundaries shall be minimized.
(5)
The annexation shall generally follow existing roads, power lines,
utilities or the Milwaukee River, in order to minimize the public
expense for extension of main or service lines and streets.
(6)
Where practical and feasible, the boundary of an annexation shall
be drawn along the boundaries of service area boundaries of sewer,
water and other services.
(7)
Utilities provided by the Village shall be extended to the annexed areas as soon as practicable after annexation at the cost of annexation applicant, landowner or developer. Pursuant to § 500-13, each annexation shall require a disclosure by the annexation applicant of the anticipated needs of public utilities, street improvements and other necessary public improvements and services to be provided to the annexed area by the Village.
(8)
Needed public utilities shall be extended into the annexed area as
soon as practicable. Extension of main and service lines shall be
the fiscal responsibility of the property development rather than
to the public via any Village expense, and fully in compliance with
Village ordinances.
(9)
To provide for the orderly growth and development of the Village
and avoid undue cost to the Village, all public utility and service
connections to Village sanitary sewer, storm sewer and public water
supply shall be limited to incorporated or annexed areas of the Village
and shall not be made available extraterritorially. The only exception
shall be those extensions which are made pursuant to agreement with
other units of government.
C.
Annexation application. It is hereby stated that the Village of Fredonia
policy shall be to allow a property owner or owners contiguous to
the Village boundaries, absent of a reasonable public interest, to
remain in control of the timing of such annexation, given conformance
of the requirements of this policy. When initiated by the property
owner or owners (hereinafter known as annexation applicant) of a potentially
annexed area, the annexation applicant shall submit the following:
(2)
Annexation application as prescribed by the Village, signed by all
legal owners of record of all properties subject to the annexation.
In the case of a corporation, the person with the highest office of
the corporation shall be the designated signee.
(3)
Complete legal description of the area to be annexed, including annexation
of the full width of any adjacent and existing right-of-way.
(4)
A complete plat of survey of the area to be annexed.
(6)
Any other information requested by the Village to assist with the
decision process.
D.
Annexation procedure. The process of annexing property shall be in
full compliance with State of Wisconsin statutes, as may be amended
from time to time, including all necessary filings, fees and notifications
as required by state law. In addition, the Village hereby establishes
the following process for the review of annexations:
(1)
Prior to any application for annexation, annexation applicant shall
submit a preliminary development plan for the complete area to be
annexed. The preliminary development plan shall be submitted at least
21 calendar days prior to the Planning Commission meeting at which
the preliminary review is to occur, and with a sufficient number of
copies for review per the Village Clerk. The Planning Commission shall
review the preliminary development plan and shall provide comments
to the annexation applicant, within 30 days of initial review, regarding
the merits of the preliminary development plan pursuant to the Comprehensive
Plan, Village ordinances and policies. The comments of the Planning
Commission shall be forwarded to the following meeting of the Village
Board, where the Village Board shall provide comments to the annexation
applicant. The Village Board shall make comments known within 30 days
of receipt of Planning Commission comments. The review of the preliminary
development plan shall be conceptual, without any official vote of
the Planning Commission or Village Board. Comments or commitments
made by the Planning Commission or Village Board are not binding.
[Amended 11-17-2022 by Ord. No. 2022-6]
(2)
After preliminary development review, it is at the discretion of
the annexation applicant to proceed.
(3)
The annexation applicant has the option of submitting a second preliminary development plan for review, with the same process as indicated in Subsection D(1).
(5)
The Village follows all procedures for notification as may be required
by any boundary agreement with any neighboring jurisdiction.
(6)
The Village follows the procedure for annexation as prescribed by
§ 66.0217, Wis. Stats., as may be amended from time to time.
(7)
Concurrent with the annexation application, the annexation applicant
shall submit all other information to implement the development, such
as rezoning, preliminary plat of subdivision or certified survey map.
(8)
The application is forwarded to the Planning Commission for review
and recommendation with the application for rezoning, preliminary
plat of subdivision or certified survey map. The timing needed to
hold the public hearing for rezoning or to review the land division
shall control the time frame for review by the Planning Commission.
The Planning Commission shall recommend denial, approval or approval
with conditions of the annexation.
(9)
The Village Board shall consider the annexation and shall consider
all facts in the case prior to denial, approval or approval with conditions
of the annexation.
A.
Jurisdiction of authority. The Village of Fredonia, under its authority to adopt local land use controls, establishes this § 500-13 under the following authority:
(1)
The Village of Fredonia Vision 2020 Comprehensive Plan identifies
the Village Growth Area (Map 7-1) ultimately increasing the incorporated
size of the Village of Fredonia to nearly four times the area beyond
the size of the Village at time of adoption of this chapter. Each
expansion of the Village occurs through annexation, as regulated by
Wisconsin Statutes § 66.0217, and each annexation will involve
a division of property, with either/or a combination of preliminary
or final plat of subdivision, certified survey map, or Condominium
Plat. Therefore, through the regulation of the division of property,
the Village requests additional information prior to annexation as
part of its authority to implement the Comprehensive Plan via subdivision
ordinance regulations.
(2)
By this jurisdiction of authority, prior to any annexation approved
by the Village Board, any applicant for annexation, or assigns, whether
the applicant is a single owner or a multiple owner of real property,
shall submit all information required by this section, and shall provide
the information correctly and clearly for the Planning Commission,
Village Board and the general public.
(3)
The Village Board shall utilize the information and results of the submittal documents required by this section as a determining factor for acceptance of annexation. Other determining factors for annexation acceptance may include conformance with the Comprehensive Plan, conformance with the zoning ordinance, conformance with other regulations or standards of this subdivision ordinance, conformance with § 500-12 and conformance with all other applicable Village ordinances.
B.
Purpose. The Village Board of the Village of Fredonia hereby ordains
that the provisions of this chapter will be held to be the minimum
requirements of this Subdivision Ordinance to promote the general
health, safety and welfare of the residents and property owners of
the Village of Fredonia. Specifically, the annexation information
requirements to be submitted prior to any annexation acceptance, shall
be for the following purposes:
(1)
To allow community growth as stated in the Comprehensive Plan without
compromising the physical and fiscal ability to serve such growth.
(2)
To allow community growth that creates a positive impact upon the
fiscal ability of the Village of Fredonia to adequately serve all
current and future residents and property owners within the Village
of Fredonia.
C.
Responsibility of applicant. Pursuant to the requirements of this
section, the subdivision ordinance, zoning ordinance and all other
applicable Village ordinances and codes, the burden of proof to comply
with this section shall be upon the annexation applicant in relation
to any future division of property. The annexation applicant shall
submit all required information, at their expense, without any expense
to the Village. Any expense at the election of the Village to request
professional assistance to verify the validity of the information
submitted by the annexation applicant, shall be the responsibility
of the annexation applicant, via direct reimbursement of those costs
to the Village.
D.
Submitted information. With every application for annexation, the
annexation applicant shall submit the required information in a format
as prescribed by the Village. Due to the nature of the required information,
the applicant shall be responsible for submitting development plans
at a level of detail commensurate with the ability to provide proper
information for this section with the filing of the annexation application,
or subsequent land division and zoning approval, consistent with the
subsequent land division and zoning approval process.
(1)
Phasing. Information submitted as requested by this section shall
be provided for the total property to be annexed, and the development
plan of the entire property. At the option of the annexation applicant,
in addition to the analysis of providing the impact information of
the entire annexation property, the information submitted may be further
divided into phasing increments. The phasing increments shall provide
the impact upon the provision of Village services on each phase, and
each phase shall sum to the total annexed property impact.
(2)
Sewer system (Waste Water). The annexation information shall provide
complete analysis of the annexation development impact upon the Village
of Fredonia Waste Water Treatment Plant and Sanitary Sewer System.
It is the expressed intent of the Village that the existing excess
capacity of the Village's Waste Water Treatment Plant shall remain
for property owners and growth within the Village boundary as of the
date of the adoption of this chapter. Generally, the Village requires
each new annexation to support the portion of cost of water treatment
plant expansion to support the wastewater to be created by development
within the annexation area.
(a)
Applicant shall provide detailed information regarding the amount
of wastewater to be created by all land uses per the development plan
of the annexed property.
(b)
Pursuant to the Sewer Service Area Plan, applicant shall estimate
the amount of wastewater to be generated by all of the undeveloped
areas available for potential annexation within the Village Growth
Area as shown within the Comprehensive Plan (minus the annexation
property in question) utilizing projected land use designations and
densities as stated in the Comprehensive Plan.
(c)
Applicant shall calculate the ratio of the portion of costs
to upgrade capacity for the property to be annexed to the portion
of costs to upgrade capacity for the Village Growth Area, from the
Sewer Service Area Plan, as a percentage. The resultant percentage
shall be applied to the total upgrade capacity cost to determine the
cost allocated to the annexation property.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(d)
Applicant shall analyze the capacity and condition of all interceptor
sanitary sewer lines and local transmission sanitary sewer lines that
will be utilized to transmit the wastewater from the annexed property
to the wastewater treatment facility. If the engineering studies indicate
the lines shall be upgraded to handle the capacity from the annexed
property, then the cost of upgrading those sanitary sewer facilities
shall be provided to the Village.
(e)
Applicant may be allowed to utilize the information provided
to the Village by previous annexation information requirements submittals,
provided the information was verified by the Village.
(3)
Public water supply. The annexation information shall provide complete
analysis of the annexation development's impact upon the Village of
Fredonia to provide a public water supply through a Village operated
well and water main system. It is the expressed intent of the Village
that the existing excess pumpage capacity of the Village's Well System
shall remain for property owners and growth with the Village boundary
of the date of the adoption of the Ordinance. Generally, the Village
requires each new annexation to support the portion of cost to upgrading
the public water system to support the fresh water supply needed by
the annexed area.
(a)
Applicant shall provide detailed information regarding the amount
of public water to be utilized by all land uses per the development
plan of the annexed property, including for fire suppression.
(b)
Applicant shall estimate the amount of public water to be utilized
by all of the undeveloped areas available for potential annexation
within the Village Growth Area as shown in the Comprehensive Plan
(minus the annexation property in question) utilizing projected land
use designations and densities as stated in the Comprehensive Plan.
(c)
Applicant shall calculate the ratio of the portion of costs
to upgrade capacity for the property to be annexed to the portion
of costs to upgrade capacity for the Village Growth Area, as a percentage.
The resultant percentage shall be applied to the total upgrade capacity
cost to determine the cost allocated to the annexation property.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(d)
Applicant shall analyze the capacity, condition and fire suppression
pressures of all the water mains that will be utilized to transmit
the public water to the annexed property from the Village operated
water system. If the engineering studies indicate the mains must be
upgraded to handle the capacity from the annexed property, then the
cost of upgrading those mains shall be provided to the Village.
(e)
Applicant shall bear the responsibility of any costs to the
Village of amending the Village's water service area plan required
to provide public water service to the annexation property.
(f)
Applicant may be allowed to utilize the information provided
to the Village by previous annexation information requirement submittals,
provided the information was verified as correct by the Village.
(4)
Storm sewer, stormwater management and stormwater quality. The annexation
information shall provide complete analysis of the annexation property's
impact upon the Village of Fredonia storm sewer system. The information
shall be in addition to any requirements by federal, state, county
or local regulations regarding the implementation of proper stormwater
and water quality management practices, for the development of the
annexed property.
(a)
Applicant shall analyze the capacity and condition of all existing
storm sewer lines and other drainage facilities such as swales, creeks
and streams that will be utilized to transmit the stormwater from
the annexed property to the Milwaukee River. If the engineering studies
indicate the drainage facilities must be upgraded to accept the stormwater
from the annexed property, then the cost of upgrading those drainage
facilities shall be provided to the Village.
(b)
Applicant shall bear the responsibility of any costs to the
Village of amending the Village's Stormwater Management and Water
Quality Plan caused by the annexed property.
(c)
Applicant may be allowed to utilize the information provided
to the Village by previous annexation information requirement submittals,
provided the information was verified as correct by the Village.
(5)
Transportation and traffic. Applicant shall be responsible for providing
all projected costs of improvements to transportation facilities caused
by the projected development of annexed properties.
(a)
Applicant shall submit a complete traffic impact analysis, as
prescribed by the administrative rule of Chapter Trans 233, Wisconsin
Administrative Code. If annexation property abuts STH 57, said impact
analysis shall be submitted to the Wisconsin Department of Transportation
for review and submittal.
(b)
Said traffic impact analysis shall include, or as an addendum,
all the estimated costs of off-site transportation improvements required
to implement the development plan for the annexed property.
(c)
Applicant shall submit estimated costs of all anticipated traffic
control signs.
(6)
Other development costs. The Village provides multiple services to
its residents and property owners through a operating budget, and
a capital improvement budget for facilities to assist the day-to-day
operation of the Village. Village operations include, but are not
limited to, police protection, fire protection, ambulance, library,
waste collection and recycling, street maintenance, park activities
and maintenance, Village Board and Board and Commission operations,
record maintenance, elections, property assessments and tax collections.
Community growth caused by annexation properties will create demand
for increased services in the aforementioned areas and many other
daily activities of the Village. Also, the Village, as referenced
in the Comprehensive Plan, works closely with the Northern Ozaukee
School District, and therefore, desires information regarding annexation
properties' potential development impact upon the school district.
(a)
Applicants shall submit data pertaining to the impact upon general
Village operation of serving annexation property in a format as prescribed
by the Village, as may be revised from time to time. The data for
protection services (police, fire and ambulance) shall be submitted
as a separate cost.
(b)
Applicants shall submit school impact information as prescribed
by the Village, which may be revised from time to time.
(c)
With the submittal of a development plan for the annexation
property, in conjunction with the annexation application, the Village
shall determine if the development plan creates any additional increased
responsibility upon the general day-to-day Village operations. In
those cases, the applicants shall submit an estimated cost of the
additional services to be provided by the Village within the annexation
properties. Examples of additional expenses may include, but are not
limited to, central open space and parks, multi-use trails, unique
streetlighting, maintenance of boulevard entrances, subdivision identification
signs, the cost of maintaining additional cul-de-sac rights-of-way,
and maintaining stormwater facilities. The cost of such additional
services to be provided to the annexation properties shall be estimated
and provided to the Village.
E.
Criteria for decision making. The Village Board, with input and recommendations from the Planning Commission or other boards and commissions, as deemed appropriate by the Village Board, shall review all submitted information for annexation, shall review the information for completeness and accuracy of calculations and cost of additional services. The Village Board may secure the services of professional assistance to assist the Village Board with such review at the expense of the applicant. The Village Board may make the decision to deny the annexation if the proposed annexation properties' development plan creates an increased burden upon the ability of the Village to provide services to the new growth at the expense of placing a burden upon residents and property owners within corporate limits of the Village of Fredonia at the time of annexation application; although, as stated in Subsection A(3) of this section, other factors may be the basis for approval or denial of annexation.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(1)
Applicant shall sum all the costs created by the anticipated development
as previously listed in this section. The costs shall be compared
to projected property tax generated by the proposed annexed property,
any impact fees required by ordinance of the Village that are calculated
to offset the impact of the new development upon the existing services
of the Village, utility connection fees, and other direct payments
to the Village from the applicant to offset costs. All costs and revenues
shall be calculated with the known costs and revenues at the time
of the annexation application and not adjusted for future inflation
or discounted for the future money value.
(2)
The applicant may offset the cost of development via the use of a
homeowners' association such as to maintain public open space and
parks, the direct contribution of funds to the Village to offset the
cost, and any other funding mechanisms as proposed by the applicant.
(3)
Prior to approving any annexation, the Village Board shall accept
the mechanisms to offset the costs as proposed by the applicant, including
guarantee of payment.
(4)
All proposals by the applicant to offset the costs shall be duly
indicated in a developer's agreement approved by the Village Board
and signed by the applicant, or if the development plans have not
advanced to the level specified for a developer's agreement, a pre-development
agreement shall be utilized.
F.
Waiver of requirement. This section requires annexation information
to be submitted to the Village Board for consideration for the majority
of annexation applications. Situations might arise where small properties
that are either already developed with its long term use without any
potential for further division, or public properties, such as school
property, will not cause an impact upon the providing of Village services.
In those cases the annexation applicant may request a waiver from
the Village Board from the provisions of this section.
