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Home My WebLink AboutOrdinance 2004 (673) w AMENDMENT TO SECTIONS 18.17,18.21 AND 18.22 ST. CROIX COUNTY CODE OF ORDINANCES — SUBDIVISION FEES Ordinance No. t 13 C- (1.1-i) St. Croix County, Wisconsin The St. Croix County Board of Supervisors does ordain as follows: WHEREAS, Sections 18.17, 18.21 and 18.22 of the St. Croix County Code of Ordinances set all fees for subdivision review and approval; and WHEREAS, including the fee schedule in the ordinance requires a formal amendment of the ordinance to update the fees; and WHEREAS, the Planning and Zoning Committee is authorized by all other County Land Use Ordinances to establish fees as necessary; and WHEREAS, the Planning and Zoning Committee and Finance Committee have identified a need to regularly update County fee schedules. THEREFORE, Section 18.22 of the St. Croix County Code of Ordinances is hereby repealed and recreated as shown on Attachment "A ", and Sections 18.17 and 18.21 are hereby amended as shown in Attachment `B ". Offered by the Planning and Zoning Committee on December 14, 2004. NEGATIVE AFFIRMATIVE gr / / L*V 13.-e.e...:," CL i.� Rev' wed by Corporation Counsel on 'c , / 3 , 2004. (- Gre immerman, Corporation Counsel Duly adopted on December 14, 2004. --01-(./ 0.a.,..1,0i-ca Cindy Campbell, County Clerk r ATTACHMENT "A" NEW LANGUAGE FOR SECTION 18.22 — SUBDIVISION FEES ST. CROIX COUNTY CODE OF ORDINANCES 18.22 FEES (A) Standard Fees (1) Any person applying for a land division, shall pay fees to the St. Croix County Planning and Zoning Department for the cost of administration, review, inspection, advertising, legal review and processing. (2) Any person requesting a variance to the standards of this ordinance shall pay a fee to the St. Croix County Planning and Zoning Department for the cost of the hearing, advertising and processing. (3) All fees shall be established by the Committee and published by the Zoning Administrator in a fee schedule. (4) Preliminary and final plats, which are submitted in a digital form approved by the Zoning Administrator and using St. Croix County Coordinates, may be eligible for discounted fees as determined by the Zoning Administrator. (B) Extraordinary Fees (1) The subdivider shall pay a fee equal to the cost to St. Croix County of any extraordinary legal, administrative or fiscal work done in connection with the plat or certified survey map. (2) The subdivider may be required to reimburse the County for the expense of a legal opinion from the St. Croix County Corporation Counsel or outside counsel confirming title or sufficiency of deed restrictions, covenants, conservation easements, condominium instruments Developer's Agreements or other documents related to the subdivision. (3) These fees may also include the cost of obtaining professional work or opinions including, but not limited to, engineers, surveyors, foresters, hydrogeologists, landscape architects or land planners. (C) Impact Fees (1) If the St. Croix County Board enacts an ordinance authorizing impact fees, such fees shall be paid as a condition of subdivision approval as provided in the ordinance. f s ATTACHMENT "B" AMENDED LANGUAGE FOR SECTIONS 18.17 AND 18.21 ST. CROIX COUNTY CODE OF ORDINANCES 18.17 REQUIRED LAND DEDICATIONS OR PAYMENTS IN LIEU OF DEDICATIONS-FOR MAJOR AND MINOR SUBDIVISIONS (A) All road rights -of -way that are included within the design of a subdivision and that serve three or more lots shall be dedicated to the town or other designated local unit of government. Such designation shall be approved by the Committee. Once dedicated, the unit accepting the dedication may control vegetation within the right -of -way. (B) The Committee may require that not more than 10 percent of the total area of a subdivision be dedicated to the town or County to provide appropriate sites for parks, playgrounds, public access points, or other public open spaces. The Committee shall specify the unit of government which shall receive the dedication. Such dedication shall be required only upon a determination of need, subject to acceptance of the unit of government to whom the dedication is to be made. (Scction C was amended 4/1/99) -- Y.. - Y . - .. - - ... _• . 1 . - - . . - Y.. . • " . . Y. . . .. . .. .. . . . ... , • • ._ .. • .• • - ... . •. .. ..... Y_ - . . • y Y.a al 18.21 VARIANCES TO DESIGN STANDARDS (A) The Committee may grant variances to design standards during the review and approval stages upon a showing that the subdivider will suffer unnecessary hardship if strict compliance with the standard is required. The granting of a variance shall not violate the spirit or intent of this Chapter or other county land use regulations. (B) For illustrative purposes only, the following comments are made regarding unnecessary hardship: (1) Unnecessary hardship can be defined as a situation where in the absence of a variance no feasible use can be made of the lot; (2) Unnecessary hardship does not include self-created hardship, conditions personal to the subdivider, the subdivider's personal convenience, economic gain or loss, or conditions not unique to a particular lot. (C) The Committee shall hold a public hearing on a request for a variance. A Class 2 notice shall "be published for the hearing. Additionally, notice shall be mailed to the town(s) in which the proposed subdivision is located, any municipality with extraterritorial subdivision approval jurisdiction, and adjacent land owners. The County Zoning Administrator shall be responsible for providing all notices. The subdivider shall pay a hearing fee of $400.00- before the hearing is scheduled. (D) The Committee shall make a decision on the request for variance within ten (10) days of the hearing. Written findings of fact, conclusions, and the reasons for the decision shall be prepared, and signed by the Committee chairman. The original decision shall be filed in the County Zoning Administrator's office. A copy of the decision shall be mailed to the subdivider, the town(s), and municipality(ies). (E) Any person aggrieved by the decision may commence an action in circuit court seeking the remedy available by certiorari. The procedures in sec. 59.99(10), Wisconsin Statutes, apply to this action. ST. CROIX COUNTY —\ . WISCONSIN f '"" r.'`'�,. OFFICE OF COUNTY CLERK ST. CROIX COUNTY GOVERNMENT CENTER `• • ��e 1101 Carmichael Road .■�, . - ' �w1ii ,�, �4) ::�wii:�,' - Hudson, WI 54016 -7710 • Phone: (715) 386 -4610 Fax (715) 381 -4400 website: http://www.co.saint-croix.wi.us/ December 27, 2004 To: St. Croix County Town Clerks 0 , Cf ) ' 4 P -b-d° From: Cindy Campbell, County Clerk 0_,t2- Re: Amendment to Sections 18.17, 18.21 and 18.22 of St. Croix County Code of Ordinances Enclosed is a copy of Ordinance #673(2004) which is an amendment to Sections 18.17, 18.21 and 18.22 of the St. Croix County Code of Ordinances — Subdivision Fees. This ordinance was enacted by the St. Croix County Board of Supervisors on December 14, 2004. Pursuant to Wisconsin Statute 59.14(1): "Whenever a board enacts an ordinance under this chapter the clerk shall immediately publish it as a class 1 notice, under ch. 985; and the clerk shall procure and distribute copies of the ordinance to the several town clerks, who shall file it in their respective offices."