Chapter 17.100
SITE PLAN APPROVAL REQUIREMENTS

Sections:

17.100.010    Findings.

17.100.020    Plan commission and council approval required.

17.100.030    Repealed.

17.100.040    Pre-application conference.

17.100.050    Application content—Required submittals.

17.100.060    Application deadline.

17.100.070    Plan commission’s decision—Basis of determination.

17.100.080    Termination of approval and completion schedule.

17.100.090    Use or development approval—Limitations.

17.100.100    Park and recreational transportation trail, wetland preservation and bikeway development impact fees.

17.100.110    Wetland preservation and bikeway fees—Nonresidential development.

17.100.120    Development impact fee administration.

17.100.130    Violations.

17.100.010 Findings.

The council declares that the standard regulation of uses, other than on parcels containing single-family residences, consisting of blanket permission for enumerated permitted uses, has proven unsatisfactory and there is a need for supplementary regulations as hereinafter set forth. Standard regulation has resulted in the concentration of like or identical uses, traffic problems, failure and abandonment of many of the uses, visual blight, vandalism and adverse effect upon the values of neighboring properties and the city’s tax base. (Ord. 2606-20 § 27, 2020: prior code § 17.035(1))

17.100.020 Plan commission and council approval required.

A.    In addition to compliance with other requirements of this code relating to zoning, building, use, stormwater control, and site approval, no building permit shall be issued for a multifamily, commercial, or industrial structure or use, nor shall an occupancy permit be issued for a change of use in an existing structure until the plan commission has approved the location, the new, revised, or minor revision plan and method of operation, and suitability of the site for the use requested, except as provided in subsection (B) of this section. Any plan commission decision hereunder shall be subject to council approval, disapproval or modification at the next regular council meeting unless the time for such action is extended by the council. All applicants seeking approvals under this section shall observe the procedures set forth in this chapter.

B.    For existing developments, the director of community development is authorized to administratively approve changes that do not require either a revision or minor revision to the plan and method of operation. Such activities include a reconfiguration of parking lot markings that does not substantially alter parking supply or impact on the site, replacing a roof, replacement of doors or windows, updating or revising a landscape plan, nonmaterial modifications to the facade such as the installation or enlargement of a garage door, door or window treatment, or other change that does not adversely affect traffic or drainage, materially change the architectural design, or approve unauthorized land use.

C.    In this title the following terms shall be defined as:

“Material” means having real importance or great consequences.

“Minor revision to plan and method of operation” means a modification to an approved development’s plan and method of operation such as the addition of outdoor seating at a restaurant or food service operation, an addition to a parking lot, or other similar changes as determined by the director of community development.

“New plan and method of operation” means an application relating to the development of vacant land or the redevelopment of land that was once improved, but is now in a vacant state as a result of the razing of all of the improvements on the land.

“Plan and method of operation” means the outline of the physical development of any parcel, except ones containing single-family residences and their accessory structures, consisting of numerous components as well as the method of operating the use. The components include the items required under Section 17.100.050 which are: the method of operation statement, area study map, site plan, preliminary grading and drainage plan, building plans, building material specifications, architectural rendering, site landscape plan, exterior signs, and any other information deemed necessary for the plan commission to determine whether the proposed development is a permitted use for the site.

“Revised plan and method of operation” means an application relating to an approved development that involves an event which is a triggering event under Resolution No. 4286, adopted May 1, 1990, including, but not limited to because of enumeration, new building construction, building expansion, exterior architectural alteration, or change in use. (Ord. 2606-20 § 27, 2020; Ord. 2440-15 §§ 1, 2, 2015)

17.100.030 Applications seeking approval.

Repealed by Ord. 2440-15. (Prior code § 17.035(3)(part))

17.100.040 Pre-application conference.

A.    All applicants requesting to be placed on the plan commission or plan review board agenda for plan approval(s) shall first meet with the director of community development or designee in a pre-application conference prior to being placed on the agenda. If it is determined by the director of community development that the preliminary plan is sufficient and adequate information is provided to enable review, the plans, and information required under Section 17.100.050, shall be submitted to the director of community development. The submitted material shall be reviewed by staff and either referred to the plan review board or plan commission for review or approved administratively. For those applications not approved administratively, the petition will be placed on the next available plan commission agenda subject to any agenda length limits established by the plan commission.

B.    Administrative Approval. At least three business days prior to the issuance of any administrative approval, the department of community development shall notify the aldermen of the respective aldermanic district of the request for administrative approval. (Ord. 2440-15 § 4, 2015)

17.100.050 Application content—Required submittals.

Each application to the plan commission or plan review board shall include the following items:

A.    Plan and Method of Operations Statement. Three copies of a signed statement from the property owner, holder of interest in the property, or bona fide owner’s representative, describing the request. Evidence of controlling interest in property, such as a copy of an executed contract between a prospective buyer or tenant and the current property owner, may be substituted for the property owner’s signature upon approval of the director of community development. Letters of intent to purchase or lease will not be accepted. The name, address (including city, state, zip), telephone number, email address, and type of business entity of applicant shall be included in the letter. Letters shall describe proposed use, plan and method of operation, hours of operation, outdoor seating, and whether a liquor license will be requested. Also, provide contact information for one development project manager—name, address, telephone number, and email address.

B.    Area Study Map. In addition to the required submittal materials pertaining to the site for which approval is requested (application site), applications involving sites within zoning districts listed in this subsection shall submit an area study map meeting the size requirements established by this subsection showing adjacent lands zoned nonresidential and not separated from the application site by public roads. The area study map shall identify the relationships of buildings, parking, drives, frontage roads and landscape features proposed for the application site with similar features that exist or that may occur on adjacent lands within the study area under current zoning. The minimum dimensions of the study area shall be the following unless the plan commission determines that area conditions warrant a smaller study area:

1.    B-1 and office districts: three acres.

2.    B-2, O and LB and I districts: five acres.

3.    B-3 and O and LI districts: ten acres. Subsections C through H of this section apply to the application site only.

C.    Site Plan. Three copies of a site plan at a standard engineering scale (e.g., 1" = 20', 1" = 30', etc.) plus fifteen (15) reduced copies of the site plan (i.e., 8-1/2" x 11" or 11" x 17" in size). The plan should include the precise location and relationship of the property to surrounding properties, including buildings on adjacent properties, the location of existing and proposed buildings on the site, the location, arrangement and dimensions of driveways, parking areas, lighting, signs and other site development factors. A site data table shall be included on the site plan indicating the lot area, square feet of lot area per unit and number of units per acre for multiple-family development, floor area of existing and proposed buildings, floor area ratio, lot coverage, landscape surface ratio, and number of existing and proposed parking spaces.

D.    Preliminary Grading and Drainage Plan. Three copies of a preliminary grading and drainage plan done to the same scale as the site plan referred to in subsection C of this section. This plan should include existing and proposed contours at a maximum of two-foot intervals. Existing features such as swales, ponds, ditches, storm sewers, inlets, etc., shall be shown with size and type of pipe labeled. Proposed features to promote proper drainage, including curbing, berms, swales, inlets and extensions to storm sewers, shall also be shown and clearly labeled. This plan shall be subject to final review and approval by the engineering department or upon referral to and approval by the board of public works.

E.    Building Plans. Two copies of building plans at a standard architectural scale (e.g., 1/8" = 1', 1/4" = 1', etc.), including exterior elevation drawings of all sides of all buildings proposed to be erected or remodeled to show the architectural treatment intended and identification on the plan of specific building materials to be used.

F.    Building Materials. Sample building materials are required to be submitted for any new construction or when different materials are proposed for existing construction.

G.    Architectural Rendering. An architectural rendering of proposed buildings.

H.1.    Site Landscape Plan, Excluding Street-Yard Plan. Three copies of a landscape plan completed to same scale as the site plan in accordance with the specifications of the most recent edition of the Site Development Standards for Nonresidential Uses, which is hereby adopted by reference and made a part hereof, indicating the location, types, number of existing and proposed plantings, landscaping and landforms, including specifications (caliper of size and varieties) listed in a planting schedule. The legend and plan should clearly distinguish between existing and proposed plantings. A copy of the standards is available on the city’s website or for purchase in the department. If any provision of the Brookfield Municipal Code conflicts or is inconsistent with the Nonresidential Development Landscape Standards, the provisions of the code shall apply.

2.    Street-Yard Requirements.

a.    Findings. The council hereby finds that street-yard landscaping is for the good of the public health and safety and, therefore, is an improvement required from developers or property owners for all new multifamily, two-family, and nonresidential development which abuts upon any public or private street.

b.    Definitions. The following definitions apply in this section:

“Department” means the community development department.

“Developer” means the person submitting an application for site plan approval.

“Security” means letter of credit or cash deposit.

c.    Street-Yard Plan. Prior to the approval of a site plan pursuant to this subsection, the developer or property owner shall submit a landscape plan in compliance with the plan requirements and procedures provided in the most recent edition of the Nonresidential Development Landscape Standards.

d.    Financial Security and Easement. If the developer or property owner has not fully installed the landscaping at the time of the final site plan approval, the developer or property owner shall comply with the following:

i.    Landscape Installation. To secure installation of the landscaping, the developer or property owner shall deposit with the city a security in an amount specified in Section 3.28.010(P), less the value of the landscaping completed to date and/or any credit for existing and qualified landscaping based on current landscape installation costs for material and labor. The city attorney shall approve any security submitted. The security will remain in force until all required landscaping has been completed and approved by the department.

ii.    Replacement Landscaping. The developer or property owner shall be responsible for the maintenance and replacement of any landscaping for three years after the date of approval of installation from the department. To ensure the maintenance of the landscaping, the developer shall deposit with the city a security in an amount specified in Section 3.28.010(Q). In lieu of posting a second security, the developer or property owner may request that the security for installation of the landscaping be reduced to the amount required in this subsection. The amount of the security shall remain in force until ninety (90) days after the end of the three-year maintenance period.

iii.    Temporary Easement. The property owner shall grant to the city a temporary easement granting access to the city or its authorized agents to perform the initial landscape installation, installation of replacement landscaping, or landscaping maintenance if the developer or property owner fails to comply with the time requirements set forth in this section or the city receives notification of the expiration or cancellation of the security. The city attorney shall approve any terms and conditions of the easement. The easement shall not terminate until ninety (90) days after the end of the three-year maintenance period.

e.    Time for Installation. All landscaping shall be installed no later than one year from the date of final site approval, unless the plan commission grants an extension. If the date of final site approval occurs between September 30th and May 1st, the developer shall automatically be granted an extension beyond the initial one-year period until the next occurrence of June 1st.

f.    Enforcement. Upon completion of the landscape installation, the developer or property owner shall notify the department so that it can inspect the installation. If inspection reveals that the landscaping installation is fully completed and meets the requirements of this section, the department will issue an installation certificate and authorize the release or reduction of the security required for the landscape installation. If the developer or property owner does not comply with the landscape installation per the time required by this section, the city or its authorized agents may install the landscaping and deduct the same from the security. Upon written notification from the city that the landscaping needs replacement or maintenance, the developer or property owner shall ensure that such landscaping is replaced or maintained within thirty (30) days of the date of notification, or if additional time is necessary due to growing conditions, by the date determined by the department and set forth in the written notification. If the developer or property owner fails to make such replacement or maintenance, the city or its authorized agents may install or maintain the landscaping and deduct the same from the security required for maintenance.

I.    Exterior Signs. Two copies of plans, renderings or other pictorialization of any exterior signs shall be submitted with the application for each nonresidential use. The sign portions of the application are submitted for informational purposes as part of the application and require separate application to the building inspection department for final approval and submission to the plan review board, if applicable.

J.    Other. Any other information that is deemed necessary to properly address the request such as traffic studies, a building model, sanitary sewer and water utility locations, etc.

K.    In any case where the applicant proposes to increase the area of impervious surfaces, a stormwater management plan application is required under the provisions of Title 14.

L.    Exceptions for Minor Change to Plan and Method of Operation Applications. Application submittal requirements of subsections (B), (E), (F), (G), and (I) of this section do not apply to minor changes to plan and method of operation and subsections (D) and (H) of this section can be waived by the director of community development depending on the type of project.

M.    The director of community development may waive any of the above documents or information where deliberation by the plan commission or plan review board is unnecessary in the director’s opinion. (Ord. 2595-20 § 4, 2020; Ord. 2440-15 §§ 5—7, 2015; Ord. 2315-13 § 1 (part), 2013; Ord. 2129-08 §§ 2, 3, 2008; Ord. 1919-03 § 3 (part), 2003; Ord. 1912-03 § 1 (part), 2003; Ord. 1725 § 4, 2000; Ord. 1551 §§ 1, 2, 1996; prior code § 17.035(3)(b))

17.100.060 Application deadline.

The application deadline for the plan commission and plan review board is as follows:

A.    Plan commission: fifteen (15) days prior to meeting.

B.    Plan review board: ten days prior to meeting.

A pre-application conference shall be arranged by the applicant in advance of these deadlines. (Prior code § 17.035(3)(c))

17.100.070 Plan commission’s decision—Basis of determination.

The plan commission’s decision shall be based on its determination that the proposed structure and use will or will not:

A.    Have a substantial adverse effect on the property values of neighboring properties;

B.    Have a substantial adverse effect on traffic safety;

C.    Be inconsistent with the purposes of this code;

D.    Be inadequately served with present or planned municipal services;

E.    Result in an undue concentration of like or identical uses;

F.    Be substantially in conformance with the Site Development Standards For Nonresidential Uses, March 1990, amended July 2010, and the Non-Residential Development Landscape Standards, February 1996, where applicable, which are adopted by reference and made a part hereof; provided, the plan commission may determine a standard (other than a mandatory standard) may be modified or waived consistent with the spirit and intent of these ordinances; and the plan commission may modify the standards for lot coverage, landscape surface ratio and intensive use offsets in approving amendments for developments approved prior to May 1, 1990;

G.    Be substantially in conformance with the city’s comprehensive plan or relevant portions thereof.

H.    Right-of-Way Dedication. In the event the plan commission determines that the plan and method of operation will generate a probable negative impact on traffic safety, an increase in traffic volume, or some other aspect of traffic flow which can be alleviated by a future road improvement or widening of the roadway abutting the subject property, the plan commission shall require the dedication of land necessary for the ultimate public right-of-way, or any portions thereof, measured from the center line of streets established on the highway width ordinance of Waukesha County, the city master plan or the official map of the city. In addition, the plan commission may require the construction of acceleration/deceleration or bypass lanes where traffic concerns warrant. (Ord. 2231-10 § 1, 2010; Ord. 1737 § 1, 2000; Ord. 1551 § 3, 1996; prior code § 17.035(4))

17.100.080 Termination of approval and completion schedule.

As part of the review and approval of an application under this chapter, certain expectations regarding the commencement and completion of the project may be established by the council or plan commission.

A.    Termination of Approval if Project Is Not Commenced. The council, or the plan commission with council approval, may establish a termination date or reverter for any approval under this chapter. Such date or reverter shall be effective twenty-four (24) months after the date of such approval, unless otherwise established by the council or plan commission, and shall be set forth in the minutes of the council or plan commission. A certified excerpt thereof shall be recorded with the register of deeds where the council or the plan commission considers it appropriate. No further notice or hearing shall be required for such reverter or termination to occur. It is the intent of the council that where proposed projects are not substantially underway by the date of such approval, the approval shall terminate; however, where substantial progress has been made by said date, the council may extend it. Substantial progress shall be evidenced by the petitioner securing valid building permits for the project. Where appropriate, “substantial progress” can be defined in a development agreement or approved new or revised plan and method of operation outlining a percentage of completed construction or project phasing which shall be considered substantial progress for purposes of this chapter.

B.    Completion Schedule. In addition to establishing an expected commencement deadline for the project, the council, or the plan commission with council approval, may establish a completion schedule on a case-by-case basis including a project commencement date, site improvement completion date and a building construction completion date and associated specifications for any site or building construction approved under this chapter. Such completion schedule shall begin with any site or building construction authorized by the city and shall be adhered to per the written specifications established by the council or plan commission. The completion schedule and associated specifications shall be set forth in the minutes of the council or plan commission and development agreement when an agreement is required. A certified excerpt thereof shall be recorded with the register of deeds where the council or the plan commission considers it appropriate. No further notice or hearing shall be required for the city to enforce the completion schedule and associated specifications. Violations of this section are subject to the provisions of Section 17.100.130 of this chapter.

C.    Appeals. Any individual responsible for compliance of the above provisions of this section can file an appeal under the provisions of this chapter if the party feels aggrieved by any decision of the administrative office or body enforcing the provisions of this section. (Ord. 2220-10 §§ 1, 2, 2010; Ord. 2134-08 § 7, 2008: prior code § 17.035(5))

17.100.090 Use or development approval—Limitations.

A use or development approved under this chapter shall be strictly limited to the location, and plan and method of operation as approved. (Amended during 1/21/16 update; prior code § 17.035(6))

17.100.100 Park and recreational transportation trail, wetland preservation and bikeway development impact fees.

In accordance with the city park and open space plan, it is the policy of the city to provide parks and recreational transportation trails for the residents of the city and to acquire and preserve significant wetland areas. The city bikeway master plan recommends the development of a system of bikeways as an alternate means of transportation in the city. The common council of the city has determined that it is equitable for new residential development in the city to make a fair share contribution toward the cost of acquiring and developing parks and recreational transportation trails and acquiring and preserving wetlands and developing bikeways in the city. Accordingly, any property in the city for which parklands or wetlands have not been dedicated or for which a bikeway has not been constructed in accordance with Section 16.16.020, said lands upon which a building permit is being applied for shall pay a one-time park and recreational transportation trail fee, a one-time wetland preservation fee and a one-time bikeway fee within fourteen (14) days of issuance of a building permit.

A.    A park and recreational transportation trail fee in the amount set forth below shall be deposited with the Department of Building Inspection for payment to the city treasurer within fourteen (14) days of the issuance of a building permit. The city treasurer shall place the fee in a nonlapsing separate, segregated, interest-bearing account for city parks and recreational transportation trails which fund shall be separate from the general fund of the city, and which shall be used exclusively for the acquisition and development of parks, playgrounds and recreational transportation trails within the city.

1.    Park and Recreational Transportation Trail Fee Amounts; Zones. For purposes of determining park and recreational transportation trail fee amounts, the city identifies zones corresponding to land sections as identified in a map entitled “City of Brookfield Land Section Map.” This map is adopted by reference within Section 17.100.120 entitled: “Development Impact Fee Administration.” A copy of the map may be found in the city clerk’s office.

2.    Park and recreational transportation trail fees for all land sections in the city except Sections 5 and 13 shall be as specified in Section 15.28.010.

3.    Park and recreational transportation trail fees for lands in Section 5 shall be as specified in Section 15.28.010. (No multiple-family development is planned in Section 5.)

4.    Park and recreational transportation trail fees for lands in Section 13 shall be as specified in Section 15.28.010.

B.    A wetland preservation fee in the amount set forth below for each dwelling unit shall be deposited with the Department of Building Inspection for payment to the city treasurer within fourteen (14) days of the issuance of the building permit. The city treasurer shall place the fee in a nonlapsing separate, segregated, interest-bearing account for wetlands preservation, which fund shall be separate from the general fund of the city, and which shall be used exclusively for the acquisition and preservation of wetlands within the city.

1.    Wetland preservation impact fee amounts. The wetland preservation impact fee is uniform throughout all land sections of the city.

2.    Wetland preservation impact fees shall be as specified in Section 15.28.010(A)(2).

C.    A bikeway fee in the amount specified in Section 15.28.010 shall be paid to the city treasurer prior to the issuance of the building permit. The city treasurer shall place the fee in a nonlapsing separate, segregated, interest-bearing account for bikeways, which fund shall be separate from the general fund of the city, and which shall be used exclusively for the development of bikeways within the city. (Ord. 2103-07 § 4 (part), 2007: Ord. 1919-03 § 3 (part), 2003; Ord. 1608 § 1 (part), 1997)

17.100.110 Wetland preservation and bikeway fees—Nonresidential development.

In accordance with the city park and open space plan, it is the policy of the city to acquire and preserve wetland areas. In addition, the city bikeway master plan recommends the development of a system of bikeways as an alternate means of transportation in the city. The common council of the city has determined that it is fair and equitable for new development in the city to make a contribution toward the cost of acquiring and preserving wetlands, and establishing bikeways in the city. Accordingly, any property in the city for which parklands or wetlands have not been dedicated or for which a bikeway has not been constructed in accordance with Section 16.16.020, said lands upon which a building permit is being applied for shall pay a one-time park and recreational transportation trail fee, a one-time wetland preservation fee and a one-time bikeway fee within fourteen (14) days of issuance of a building permit.

If the building permit application is for an addition to a previously constructed building, the basis for the one-time fee shall be the area of the addition divided by the floor area ratio for the district in which the building is located. The result, expressed in thousands of square feet shall be used to calculate the fee specified in Sections 15.28.010. (For example, a thirty thousand (30,000) square foot nonresidential building addition in a zoning district with a floor area ratio of .30 requires a one hundred thousand (100,000) square foot lot.)

A.    A wetland preservation fee in the amount specified in Section 15.28.010 shall be deposited with the Department of Building Inspection for payment to the city treasurer within fourteen (14) days of the issuance of the building permit. The city treasurer shall place the fee in a nonlapsing separate, segregated, interest-bearing account for wetland preservation, which fund shall be separate from the general fund of the city, and which shall be used exclusively for the acquisition of wetlands within the city.

B.    A bikeway fee in the amount specified in Section 15.28.010 shall be deposited with the Department of Building Inspection for payment to the city treasurer within fourteen (14) days of the issuance of the building permit. The city treasurer shall place the fee in a nonlapsing separate, segregated, interest-bearing account for bikeways, which fund shall be separate from the general fund of the city, and which shall be used exclusively for the development of bikeways within the city. (Ord. 2103-07 § 4 (part), 2007: Ord. 1919-03 § 3 (part), 2003; Ord. 1608 § 1 (part), 1997)

17.100.120 Development impact fee administration.

A.    The ordinance codified in Sections 17.100.100 through 17.100.120 is intended to allocate financial burdens of providing public facilities fairly between existing city residents and owners of existing land and property improvements within the city on the one hand and developers and owners of new land developments on the other, and to comply with Wisconsin Statutes Section 66.0617 on municipal impact fees.

B.    The development fees that the city deems to be impact fees shall be exclusively the following:

1.    Park and recreational transportation trail fees, wetland preservation fees and bikeway fees under Sections 17.100.100 and 17.100.110.

C.    The following city documents on file at the office of the city clerk contain the needs assessments for the impact fees listed under subsection B of this section and document city compliance with the procedural requirements of the Wisconsin Statutes.

1.    “City of Brookfield, Public Facilities Needs Assessment For Parks and Recreational Trails and Wetland Preservations, November, 1996" prepared by the city department of community development;

2.    Public hearing notice, January 7, 1997, and March 4, 1997;

3.    Minutes of January 7, 1997 and March 4, 1997 common council public hearings.

D.    Revenues collected as impact fees shall be placed by the city treasurer in separate, segregated interest-bearing accounts and shall be accounted for separately from other funds of the city. Impact fee revenues and interest earned on impact fee revenues may be expended on a first in, first out basis by the city only for the capital costs for which the impact fees were imposed. Separate accounts shall be kept of fees collected from different impact fee zones, where the particular impact fee ordinance provides for differential fees according to zones (land sections) and revenues collected in particular zones shall be spent in those zones as appropriate.

E.    The map adopted by Ordinance 1608, a copy of which can be found in the clerk’s office, shows land sections as the basis for differential impact fee zones.

F.    The city determines the following lengths of time appropriate for the planning, financing, acquisition and construction and/or equipment of the public facilities listed below:

Type of Facility

Maximum Time to Use Impact Fees that are Collected from the Time of Fee Collection

Park and recreational transportation trail

7 years

Wetland acquisition

7 years

Bike paths

7 years

Fees that are held by the city and not used within the time period specified herein to pay the indicated capital costs shall be refunded to the owners of record of the properties from which the fee was collected at the time of refund plus interest.

G.    Appeals may be brought by developers or owners as defined in Wisconsin Statutes Section 66.0617(1)(b) as provided herein:

1.    It shall be a condition to the lodging of such an appeal that the impact fee appealed from shall be paid as and when the fee or any installments thereof become due and payable and upon default in making any such payment, such appeal shall be dismissed.

2.    The only questions that are appealable under this section are the following, pursuant to Wisconsin Statutes Section 66.0617(10):

a.    The amount of fee charged to and paid by the appellant developer or owner with respect to a particular development and fee payment for that development;

b.    The method of collection of the fee;

c.    The use of the particular fee charged to and paid by the appellant developer.

A challenge to the use of impact fees that are collected shall address solely the question of whether the fees are being used for the purposes for which they were collected within the allowable time established under subsection F of this section. Appeals as to use of proceeds are not entitled to challenge the city’s public facility plans or needs assessments.

3.    Pursuant to Wisconsin Statutes Section 66.0617(6)(g), the appeal board may authorize the payment of a fee that is otherwise payable at the time of issuance of a zoning or building permit or other required municipal approval as specified within the ordinance imposing the particular impact fee in installment payments. The appeal board may require that interest be paid on installment payments at a rate comparable to the rate charged by the city on installment payments of special assessments modified to reflect then-current interest costs or interest cost estimates.

H.    Appeals must be brought within thirty (30) days of the date of payment of the impact fee by the appellant.

I.    For purposes of this section, the common council of the city shall be the hearing board and notices of appeal shall be filed with the city clerk. An application fee to bring an appeal shall be paid at the time of the filing of the appeal in the amount specified in Section 15.28.010. The appeal fee is nonrefundable and failure to pay this amount shall cause the appeal to be dismissed. (Ord. 2103-07 § 4 (part), 2007: Ord. 1919-03 § 3 (part), 2003; Ord. 1912-03 § 2 (part), 2003; Ord. 1819 § 3 (part), 2001; Ord. 1608 § 3, 1997)

17.100.130 Violations.

Any person who violates, omits, neglects or refuses to comply with all or any part of a plan and method of operation approved pursuant to this chapter shall be subject to a penalty as provided in Chapter 1.12 of this code. (Ord. 2076-06 § 2, 2006)