A.
Submission. Before submitting a final plat for approval, the subdivider
shall prepare a preliminary plat and a letter of application. The
subdivider shall submit 15 copies of the preliminary plat. The preliminary
plat shall be prepared in accordance with this chapter, and the subdivider
shall file copies of the plat and the application as required by this
section with the Village Clerk-Treasurer at least 10 days prior to
the meeting of the Plan Commission at which consideration is desired.
The Village Clerk-Treasurer shall submit a copy of the preliminary
plat to the Plan Commission and to the Village Engineer and Village
Attorney for review and written report of their recommendations and
reactions to the proposed plat. An abstract of title or registered
property report may be requested at this time by the Village Attorney
for his/her examination and report.
B.
Public improvements; plans and specifications. Simultaneously with
the filing of the preliminary plat, the owner shall file with the
Village Clerk-Treasurer a report addressing sewer and water service
feasibility, drainage facilities and center-line profiles showing
streets in the subdivision.
C.
Property owners' association; restrictive covenants (deed restrictions).
A draft of the legal instruments and rules for proposed property owners'
associations, when the subdivider proposes that common property within
a subdivision would be either owned or maintained by such an organization
of property owners or a subunit of the Village pursuant to § 236.293,
Wis. Stats., and proposed deed restrictions or restrictive covenants,
shall be submitted at the time of filing the preliminary plat with
the Village Clerk-Treasurer.
D.
Affidavit. The surveyor preparing the preliminary plat shall certify
on the face of the plat that it is a correct representation of all
existing land divisions and features and that he/she has fully complied
with the provisions of this chapter.
E.
Supplementary data to be filed with preliminary plat. The following
shall also be filed with the preliminary plat:
(1)
Use statement. A statement of the proposed use of lots, stating type
of residential buildings with number of proposed dwelling units and
types of business or industry so as to reveal the effect of the development
on traffic, fire hazards and congestion of population; and
(2)
Zoning changes. If any zoning changes are contemplated, the proposed
zoning plan for the areas, including dimensions.
F.
Street plans and profiles. The subdivider shall provide general street plans and profiles showing existing ground surface, and proposed and established street grades, including extensions for a reasonable distance beyond the limits of the proposed subdivision when requested. A plan for street lamp design and installation shall also be filed with the Village, including an installation timetable (see § 620-30).
G.
Soil testing. If requested by the Village Engineer, the subdivider shall be required to provide a preliminary soils report, listing the types of soil in the proposed subdivision, their effect on the subdivision and a proposed soil testing and investigation program. Pursuant to the public policy concerns prescribed in § 620-7, the Village Board may require that borings and soundings be made in specified areas to ascertain subsurface soil, rock and water conditions, including depth to bedrock and depth to groundwater table, pursuant to § 620-13C.
H.
Drafting standards. The subdivider shall submit to the Village Clerk-Treasurer
and to those agencies having the authority to object to plats under
provisions in Ch. 236, Wis. Stats., copies of a preliminary plat (or
certified survey) based upon an accurate exterior boundary survey
by a registered land surveyor which shall show clearly the proposed
subdivision at a scale of not more than one inch per 100 feet having
two-foot contour intervals, shall identify the improvements (grading,
tree planting, paving, installation of facilities and dedications
of land), easements which the subdivider proposes to make and shall
indicate by accompanying letter when the improvements will be provided.
Any proposed restrictive covenants for the land involved shall be
submitted.
A.
Referral to other agencies.
(1)
The subdivider shall, within two days after filing with the Village,
transmit four copies to the County Planning Agency, two copies to
the Wisconsin Department of Administration, plus additional copies
for retransmission of two copies each to the Wisconsin Department
of Transportation if the subdivision abuts or adjoins a state trunk
highway or a connecting street and the Wisconsin Department of Safety
and Professional Services if the subdivision is not served by the
public sewer and provision for such service has not been made. The
County Planning Agency, the Wisconsin Department of Administration,
the Wisconsin Department of Transportation and the Wisconsin Department
of Safety and Professional Services shall be hereinafter referred
to as objecting agencies. The subdivider shall provide written verification
to the Village that these submittals have been made.[1]
(2)
The Village Clerk-Treasurer shall also transmit two copies of the
preliminary plat to the Village Plan Commission and additional copies
to utilities and all affected Village committees, commissions or departments
for their review and recommendations concerning matters within their
jurisdiction. The recommendations of Village boards, commissions,
and departments shall be transmitted to the Village Plan Commission
within 30 days from the date the preliminary plat is filed. The preliminary
plat shall then be reviewed by the Plan Commission for conformance
with this chapter and all ordinances, rules, regulations, comprehensive
plans and comprehensive plan components, and neighborhood plans.
B.
Objecting agency response. Within 20 days of the date of receiving the copies of the plat, any state or county agency having authority to object under Subsection A(1) above shall notify the subdivider and all approving or objecting authorities of any objection based upon failure of the plat to comply with the statutes or rules which its examination is authorized to cover, or, if all objections have been satisfied, it shall so certify on the face of a copy of the plat and return that copy to the approving authority from which it was received. The plat shall not be approved or deemed approved until any objections have been satisfied. If the objecting agency fails to act within the twenty-day limit, it shall be deemed to have no objection to the plat, except that the Wisconsin Department of Administration has 30 days in which to make objections.[2]
C.
Advisory Plan Commission review. After review of the preliminary
plat and negotiations with the subdivider on changes deemed advisable
and the kind and extent of public improvements which will be required,
the Plan Commission shall, within 60 days of the date the plat was
filed with the Village Clerk-Treasurer, make a recommendation to approve,
approve conditionally or reject such plat and shall state, in writing,
any conditions of approval or reasons for rejection, unless the time
is extended by agreement with the subdivider. The Plan Commission
may obtain an extension of time from the subdivider by which the Plan
Commission must act on said plat (this procedure is recommended in
those cases where objections are made to the layout, design or similar
aspects of said preliminary plat and there is insufficient time in
which said corrections may be made by the subdivider and resubmitted
to the Plan Commission for action). The subdivider shall be notified
in writing of any conditions for approval or the reasons for rejection.
The recommendations of the Plan Commission shall be submitted to the
Village Board for approval.[3]
D.
Board action. After receipt of the Plan Commission's recommendations,
the Village Board shall, within 90 days of the date the plat was filed
with the Village Clerk-Treasurer, approve, approve conditionally or
reject such plat and shall state, in writing, any conditions of approval
or reasons for rejection, unless the time is extended by agreement
with the subdivider. Failure of the Village Board to act within 90
days or extension thereof shall constitute an approval of the preliminary
plat, unless other authorized agencies object to the plat. The Village
Clerk-Treasurer shall communicate to the subdivider the action of
the Village Board. If the preliminary plat is approved, the Village
Clerk-Treasurer shall endorse it for the Village Board.
E.
Effect of preliminary plat approval. Approval or conditional approval
of a preliminary plat shall not constitute automatic approval of the
final plat, except that if the final plat is submitted within 36 months
of preliminary plat approval and conforms substantially to the preliminary
plat layout, the final plat shall be entitled to approval. Conditional
approval may be granted subject to satisfactory compliance with pertinent
provisions of this chapter and Ch. 236, Wis. Stats. The preliminary
plat shall be deemed an expression of approval or conditional approval
of the layout submitted as a guide to the preparation of the final
plat, which will be subject to further consideration by the Plan Commission
and Village Board at the time of its submission.[4]
F.
Preliminary plat amendment. Should the subdivider desire to amend
the preliminary plat as approved, he/she may resubmit the amended
plat which shall follow the same procedure, except for the fee, unless
the amendment is, in the opinion of the Village Board, of such scope
as to constitute a new plat, in which such case it shall be refiled.
A.
General. A preliminary plat shall be required for all subdivisions
and shall be based upon a survey by a registered land surveyor and
the plat prepared on mylar or paper of good quality at a scale of
not more than 100 feet to the inch and shall show correctly on its
face the following information:
(1)
Title under which the proposed subdivision is to be recorded, which
name shall not duplicate or be alike in pronunciation of the name
of any plat heretofore recorded in the Village unless considered an
addition to the subdivision.
(2)
Legal description/location of the proposed subdivision by government
lot, quarter section, township, range, county and state.
(3)
Date, scale and North point.
(4)
Names, telephone numbers, and addresses of the owner and any agent
having control of the land, engineer, subdivider, and land surveyor
preparing the plat.
(5)
Entire area contiguous to the proposed plat owned or controlled by
the subdivider may be required by the Plan Commission and/or Village
Board to be included on the preliminary plat even though only a portion
of said area is proposed for immediate development. Where a subdivider
owns or controls adjacent lands in addition to those proposed for
development at that time, he/she shall submit a concept plan for the
development of the adjacent lands showing streets, utilities, zoning
districts, and other information as may affect the review of the preliminary
plat in question. The Village Board, upon the recommendation of the
Village Engineer, may waive these requirements where adjacent development
patterns have already been established or where severe hardship would
result from strict application thereof.
B.
Plat data. All preliminary plats shall show the following:
(1)
Exact length and bearing of the exterior boundaries of the proposed
subdivision referenced to a corner established in the U.S. Public
Land Survey and the total acreage encompassed thereby.
(2)
Locations of all existing property boundary lines, structures, drives,
streams and watercourses, marshes, rock outcrops, wooded areas, railroad
tracks and other significant features within the tract being subdivided
or immediately adjacent thereto.
(3)
Location, right-of-way width and names of all existing streets, alleys
or other public ways, easements, railroad and utility rights-of-way
and all section and quarter section lines within the exterior boundaries
of the plat or immediately adjacent thereto.
(4)
Location and names of any adjacent subdivisions, and cemeteries
and owners of record of abutting unplatted lands.
(5)
Type, width and elevation of any existing street pavements within
the exterior boundaries of the plat or immediately adjacent thereto,
together with any legally established center line elevations.
(6)
Location, size and invert elevation of any existing sanitary or storm
sewers, culverts and drain pipes, the location of manholes, catch
basins, hydrants, electric and communication facilities, whether overhead
or underground and the location and size of any existing water and
gas mains within the exterior boundaries of the plat or immediately
adjacent thereto. If no sewers or water mains are located on or immediately
adjacent to the tract, the nearest such sewers or water mains which
might be extended to serve the tract shall be indicated by the direction
and distance from the tract, size and invert elevations.
(7)
Corporate limit lines within the exterior boundaries of the plat
or immediately adjacent thereto.
(8)
Existing zoning on and adjacent to the proposed subdivision.
(9)
Existing and proposed contours may be required upon request from
Village staff, Engineer, Attorney, Planning Commission or Village
Board, at which time contours within the exterior boundaries of the
plat and extending to the center line of adjacent public streets to
National Map Accuracy Standards based upon Mean Sea Level Datum at
vertical intervals of not more than two feet will be provided. At
least two permanent bench marks shall be located in the immediate
vicinity of the plat; the location of the bench marks shall be indicated
on the plat, together with their elevations referenced to Mean Sea
Level Datum and the monumentation of the bench marks clearly and completely
described. Where, in the judgment of the Village Engineer, undue hardship
would result because of the remoteness of the parcel from a mean sea
level reference elevation, another datum may be used.
[Amended 3-19-2019]
(10)
High-water elevation of all ponds, streams, lakes, flowages
and wetlands within the exterior boundaries of the plat or located
within 100 feet therefrom.
(11)
Water elevation of all ponds, streams, lakes, flowages and wetlands
within the exterior boundaries of the plat or located within 100 feet
therefrom at the date of the survey.
(12)
Floodland and shoreland boundaries and the contour line lying
a vertical distance of two feet above the elevation of the one-hundred-year
recurrence interval flood or, where such data is not available, two
feet above the elevation of the maximum flood of record within the
exterior boundaries of the plat or within 100 feet therefrom.
(13)
Location and results of percolation tests within the exterior
boundaries of the plat conducted in accordance with Ch. SPS 385, Wis.
Adm. Code, where the subdivision will not be served by public sanitary
sewer service.
(14)
Location, width and suggested names of all proposed streets
and public rights-of-way such as alleys and easements; the Village
Board shall have final approval authority over street names.
(15)
Approximate dimensions of all lots together with proposed lot
and block numbers. The area in square feet of each lot shall be provided.
(16)
Location and approximate dimensions of any sites to be reserved
or dedicated for parks, playgrounds, drainageways or other public
use or which are to be used for group housing, shopping centers, church
sites or other nonpublic uses not requiring lotting.
(17)
Approximate radii of all curves.
(18)
Any proposed lake and stream access with a small drawing clearly
indicating the location of the proposed subdivision in relation to
access.
(19)
Any proposed lake and stream improvement or relocation, and
notice of application for approval by the Department of Natural Resources,
when applicable.
[Amended 3-13-2013]
(20)
Soil tests and reports as may be required by the Village Engineer
for the design of roadways, storm drainage facilities, on-site sewage
disposal systems, erosion control facilities, and/or other subdivision
improvements and features.
(21)
Setbacks and building lines, graphically indicated, for each lot consistent with the pertinent requirements of Chapter 635, Zoning.
[Amended 6-14-2017]
(22)
Design features.
(a)
Locations and widths of proposed alleys, pedestrianways and
utility easements.
(b)
Layout numbers and preliminary acreages and dimensions of lots
and blocks.
(c)
Minimum front, rear, side and street yard building setback lines
graphically indicated.
[Amended 6-14-2017]
(d)
Location and size of proposed sanitary sewer lines and water
mains.
(e)
Gradients of proposed streets, sewer lines (and water mains,
if required).
(f)
Areas, other than streets, alleys, pedestrianways and utility
easements, intended to be dedicated or reserved for public use, including
the size of such area or areas in acres.
(g)
Location and description of survey monuments.
(h)
An identification system for the consecutive numbering of all
blocks and lots within the subdivision.
(i)
Sites, if any, to be reserved for parks or other public uses.
(j)
Sites, if any, for multifamily dwellings, shopping centers,
churches, industry or other nonpublic uses exclusive of single-family
dwellings.
(k)
Provisions for surface water management including both minor
and major system components, detention/retention facilities, including
existing and postdevelopment one-hundred-year flood elevations, etc.
(l)
Potential resubdivision and use of excessively deep (over 200
feet) or oversized lots must be indicated in a satisfactory manner.
(m)
Any wetlands, floodplains, or environmentally sensitive areas
provided for by any local, state or federal law.
(23)
Where the Village Board, Plan Commission or Village Engineer
finds that it requires additional information relative to a particular
problem presented by a proposed development in order to review the
preliminary plat, it shall have the authority to request in writing
such information from the subdivider.
C.
Testing. The Village Board, upon the recommendation of the Village
Engineer, may require that borings and soundings be made in specified
areas to ascertain subsurface soil, rock and water conditions, including
depth to bedrock and depth to groundwater table. The Village does
not guarantee, warrant, or represent that only those soils tested
and shown to be unsuited for specific uses are the only unsuited soils
within the Village and thereby asserts that there is no liability
on the part of the Village Board, its agencies, or employees for sanitation
problems or structural damages that may occur as a result of reliance
upon, and conformance with, this chapter. Where the subdivision will
not be served by public sanitary sewer service, the provisions of
Ch. SPS 385, Wis. Adm. Code, shall be complied with and the appropriate
data submitted with the preliminary plat.
D.
Soil and water conservation. The Village Board and/or Plan Commission,
upon the recommendation of the Village Engineer, after determining
from a review of the preliminary plat that the soil, slope, vegetation,
and drainage characteristics of the site are such as to require substantial
cutting, clearing, grading, and other earthmoving operations in the
development of the subdivision or otherwise entail a severe erosion
hazard, may require the subdivider to provide soil erosion and sedimentation
control plans and specifications. Such plans shall generally follow
the guidelines and standards set forth in the latest revision of publication
WR-222, Wisconsin Construction Site Best Management Practice Handbook,
as prepared by the Wisconsin Department of Natural Resources.
[Amended 3-13-2013]
A.
General. A final plat prepared by a registered land surveyor shall
be required for all subdivisions. It shall comply in all respects
with the requirements of § 236.20, Wis. Stats., and this
chapter.
B.
Additional information. The final plat shall show correctly on its
face, or on a supporting document, in addition to the information
required by § 236.20, Wis. Stats., the following:
(1)
Exact street width along the line of any obliquely intersecting street.
(2)
Exact location and description of streetlighting and lighting utility
easements.
(3)
Railroad rights-of-way within and abutting the plat.
(4)
All lands reserved for future public acquisition or reserved for
the common use of property owners within the plat.
(5)
Special restrictions required by the Village Board, upon the recommendation
of the Plan Commission, relating to access control along public ways
or to the provision of planting strips.
(6)
Taxes. Certifications by attached information showing that all taxes
and special assessments currently due on the property to be subdivided
have been paid in full.
(7)
Groundwater presence. Where the groundwater table is equal to or
less than nine feet from the proposed street center line elevation,
the subdivider shall place the following note on the plat: "Subsoil
information indicates the presence of high ground conditions on Lot(s)
_____. On these lots, either basement elevations must be elevated
above the groundwater level or the basement exteriors must be fully
waterproofed."
(8)
Dimensions of lot lines shall be shown in feet and hundredths; no
ditto marks shall be permitted. When lot lines are not at right angles
to the street right-of-way line, the width of the lot shall be indicated
at the building setback line in addition to the width of the lot at
the street right-of-way line.
(9)
A numbered identification system for all lots and blocks.
C.
Deed restrictions. Restrictive covenants and deed registrations for
the proposed subdivision shall be filed with the final plat.
D.
Property owners' association. The legal instruments creating a property
owners' association for the ownership and/or maintenance of common
lands in the subdivision shall be filed with the final plat.
E.
Street dedication. Public rights-of-way for streets and other public
areas shall be dedicated to the Village with final plat approval.
Such dedications shall require the owner's certificate and the
mortgagee's certificate in substantially the same form as required
by § 236.21(2)(a), Wis. Stats.
F.
Survey accuracy.
(1)
Examination. The Village Engineer shall examine all final plats within
the Village and may check for the accuracy and closure of the survey,
the proper kind and location of monuments, and legibility and completeness
of the drawing.
(2)
Maximum error of closure. Maximum error of closure before adjustment
of the survey of the exterior boundaries of the subdivision shall
not exceed, in horizontal distance or position, the ratio of 1:5,000,
nor in azimuth, 30 seconds of arc per interior angle. If field measurements
exceed this maximum, new field measurements shall be made until a
satisfactory closure of the field measurements has been obtained;
the survey of the exterior boundary shall be adjusted to form a closed
geometric figure.
(3)
Street, block and lot dimensions. All street, block and lot dimensions
shall be computed as closed geometric figures based upon the control
provided by the closed exterior boundary survey. If checks disclose
an error for any interior line of the plat greater than the ratio
of 1:3,000, or an error in measured angle greater than one minute
of arc for any angle where the shorter side forming the angle is 300
feet or longer, necessary corrections shall be made. Where the shorter
side of a measured angle is less than 300 feet in length, the error
shall not exceed the value of one minute multiplied by the quotient
of 300 divided by the length of the shorter side; however, such error
shall not in any case exceed five minutes of arc.
(4)
Plat location. Where the plat is located within a quarter section,
the corners of which have been relocated, monumented and coordinated
by the Village, the tie required by § 236.20(3)(b), Wis.
Stats., may be expressed in terms of grid bearing and distance; and
the material and Wisconsin state plane coordinates of the monument
marking the relocated section or quarter corner to which the plat
is tied shall be indicated on the plat. The grid bearing and distance
of the tie shall be determined by a closed survey meeting the error
of closure herein specified for the survey of the exterior boundaries
of the subdivision.
G.
Engineer's report. The Village Board shall receive the results
of the Village Engineer's examination prior to approving the
final plat.
H.
Surveying and monumenting. All final plats shall meet all the surveying
and monumenting requirements of § 236.15, Wis. Stats.
I.
State plane coordinate system. Where the plat is located within a
quarter section, the corners of which have been relocated, monumented
and coordinated by the Village, the plat shall be tied directly to
one of the section or quarter corners so relocated, monumented and
coordinated. The exact grid bearing and distance of such tie shall
be determined by field measurements, and the material and Wisconsin
state plane coordinates of the monument marking the relocated section
or quarter corner to which the plat is tied shall be indicated on
the plat. All distances and bearings shall be referenced to the Wisconsin
Coordinate System, South Zone, and adjusted to the Village's
control survey.
J.
Certificates. All final plats shall provide all the certificates
required by § 236.21, Wis. Stats., and in addition, the
surveyor shall certify that he has fully complied with all the provisions
of this chapter.
A.
Filing requirements.
(1)
The subdivider shall prepare a final plat and a letter of application
in accordance with this chapter and shall file 15 copies of the plat
and the application with the Village Clerk-Treasurer at least 25 days
prior to the meeting of the Plan Commission at which action is desired.
The owner or subdivider shall file copies of the final plat not later
than 36 months after the date of approval of the preliminary plat;
otherwise, the preliminary plat and final plat will be considered
void unless an extension is requested in writing by the subdivider
and for good cause granted by the Village. The owner or subdivider
shall also submit at this time a current certified abstract of title
or registered property report and such other evidence as the Village
Attorney may require showing title or control in the applicant. A
written transmittal letter shall identify all substantial changes
that have been made to the plat since the approval of the preliminary
plat.[1]
(2)
The Village Clerk-Treasurer shall, within two days after filing with
the Village, transmit four copies to the County Planning Agency, two
copies to the Wisconsin Department of Administration, plus additional
copies for retransmission of two copies each to the Wisconsin Department
of Transportation if the subdivision abuts or adjoins a state trunk
highway or a connecting street and the Wisconsin Department of Safety
and Professional Services if the subdivision is not served by a public
sewer and provision for service has not been made. The County Planning
Agency, the Wisconsin Department of Administration, the Wisconsin
Department of Transportation, and the Wisconsin Department of Safety
and Professional Services shall be hereinafter referred to as "objecting
agencies."[2]
(3)
The final plat shall conform to the preliminary plat as approved
and to the requirements of all applicable ordinances and state laws
and shall be submitted for certification of those agencies having
the authority to object to the plat as provided by § 236.12(2),
Wis. Stats.
(4)
Simultaneously with the filing of the final plat or map, the owner shall file with the Village Clerk-Treasurer 12 copies of the final plans and specifications of public improvements required by this chapter, and a signed copy of the developer's contract required by § 620-21.
(5)
The Village Clerk-Treasurer shall refer two copies of the final plat
to the Plan Commission, one copy to the Village Engineer, one copy
to the Village Attorney, and a copy each to the telephone and power
and other utility companies. The abstract of title or registered property
report and final plat shall be referred to the Village Attorney for
his/her examination and report. The Village Clerk-Treasurer shall
also refer final plans and specifications for public improvements
required by this chapter to the Village Engineer for review. The recommendations
of the Plan Commission, Village Attorney, and Village Engineer shall
be made within 30 days of the filing of the final plat. The Village
Engineer shall examine the plat or map and final plans and specifications
of public improvements for technical details and, if he/she finds
them satisfactory, shall so certify in writing to the Plan Commission.
If the plat or map or the plans and specifications are not satisfactory,
the Village Engineer shall return them to the owner and so advise
the Plan Commission.
B.
Plan Commission review.
(1)
The Plan Commission shall examine the final plat as to its conformance
with the approved preliminary plat, any conditions of approval of
the preliminary plat, this chapter and all applicable ordinances,
rules, regulations, comprehensive plans and comprehensive plan components
which may affect it and shall recommend approval, conditional approval
or rejection of the plat to the Village Board.
(2)
The objecting state and county agencies shall, within 20 days of
the date of receiving their copies of the final plat, notify the subdivider
and all other approving and objecting agencies of any objections,
except that the Wisconsin Department of Administration has 30 days
in which to make objections. If there are no objections, they shall
so certify on the face of the copy of the plat and shall return that
copy to the Village. If an objecting agency fails to act within 20
days, it shall be deemed to have no objection to the plat.
(4)
The Plan Commission shall, within 30 days of the date of filing of the final plat with the Village Clerk-Treasurer, recommend approval, conditional approval or rejection of the plat and shall transmit the final plat and application along with its recommendations to the Village Board. The Plan Commission may hold the matter in abeyance if there is incomplete or inadequate information, provided the timetables in Subsection C below are complied with.
C.
Board review and approval.
(1)
Action.
(a)
The Village Board shall, within 60 days of the date of filing
the original final plat with the Village Clerk-Treasurer:
[1]
Approve the final plat.
[2]
Approve the final plat with conditions.
[3]
Reject the final plat with reasons.
[4]
Obtain a written agreement from the developer extending the
time in which the Village Board must act on the final plat (this method
is recommended in those cases in which objections are made to the
layout, design or similar aspects of said final plat and there is
insufficient time for said corrections to be made and resubmitted
to by the developer to the Board for action).
(b)
If the plat is rejected, the reasons shall be stated in the
minutes of the meeting and a written statement of the reasons forwarded
to the subdivider.
(c)
The Village Board may not inscribe its approval on the final
plat unless the Village Clerk-Treasurer certifies on the face of the
plat that the copies were forwarded to objecting agencies as required
herein, the date thereof and that no objections have been filed within
20 days or, if filed, have been met.
(2)
The Village Board shall, when it determines to approve a final plat,
give at least 10 days' prior written notice of its intention
to the Municipal Clerk of any municipality within 1,000 feet of the
final plat.
(3)
Failure of the Village Board to act within 60 days, the time having
not been extended and no unsatisfied objections having been filed,
the plat shall be deemed approved. In the case of time extensions,
the Village Board and applicant must mutually agree upon such extension.
D.
Recordation. After the final plat has been approved by the Village
Board and required improvements either installed or a contract and
sureties insuring their installation is filed, the Village Clerk-Treasurer
shall cause the certificate inscribed upon the plat attesting to such
approval to be duly executed and the plat returned to the subdivider
for recording with the county register of deeds. The register of deeds
cannot record the plat unless it is offered within 12 months after
the date of the last approval of the plat and within 36 months after
the first approval.[4]
E.
Copies. The subdivider shall file 10 copies of the adopted final
plat with the Village Clerk-Treasurer for distribution to the Village
Engineer, approving agencies, and other affected agencies for their
files.
F.
Partial platting. The final plat may, if permitted by the Village
Board, constitute only that portion of the approved preliminary plat
which the subdivider proposes to record at the time.
A.
Use of certified survey map.
(1)
When it is proposed to divide land into at least two but not more than four parcels or building sites; or when it is proposed to create by land division not more than four parcels or building sites within a recorded subdivision plat of record for a minimum of five years without changing the exterior boundaries of a block, lot or outlot; or when it is proposed to divide any number of parcels greater than 1.5 acres in size (thus not constituting a "subdivision" as defined in § 620-5), the subdivider may subdivide by use of a Certified Survey Map. The subdivider shall prepare the certified survey map in accordance with this chapter and shall file 10 copies of the Map and the letter of application with the Village Clerk-Treasurer at least 15 days prior to the meeting of the Village Plan Commission at which action is desired.
(2)
A preliminary certified survey map shall be required when the division
provides for land to be dedicated to the public.
(3)
In the event a proposed land division does not meet the above requirements,
the proposed land division must be pursued as a subdivision plat.
(4)
The Certified Survey Map shall include the entire original parcels of land owned or controlled by the subdivider, including those proposed for division or consolidation. The applicant shall comply with all requirements of this chapter including, but not limited to, Article VI, Design Standards, Article V, Required Improvements, and Article VII, Park and Public Land Dedication, when a certified survey map is used. A certification of the approval of the certified survey map by the Village Board shall be inscribed legibly on the face of the map. A certificate of the Village Clerk-Treasurer stating that there are no unpaid special assessments or taxes on the lands shall be included on the certified survey map.[1]
B.
Referral to Plan Commission. The Village Clerk-Treasurer shall, within
two normal work days after filing, transmit the copies of the map
and letter of application to the Plan Commission.
C.
Review by other Village agencies. The Village Clerk-Treasurer shall
transmit a copy of the map to the Village Engineer, Village Attorney,
and to all affected Village boards, commissions or departments for
their review and recommendations concerning matters within their jurisdiction.
Their recommendations shall be transmitted to the Plan Commission
within 10 days from the date the map is filed. The map shall be reviewed
by the Plan Commission for conformance with this chapter and all ordinances,
rules, regulations, comprehensive plans, comprehensive plan components
and neighborhood plans. The applicant shall be required to file at
the time of application public improvement plans as required for final
plats.
D.
Plan Commission review and Board approval. The Plan Commission shall,
within 60 days from the date of filing of the certified survey map,
recommend approval, conditional approval or rejection of the map and
shall transmit the map along with its recommendations to the Village
Board. The Village Board shall approve, approve conditionally and
thereby require resubmission of a corrected certified survey map or
reject such certified survey map within 90 days from the date of filing
of the map unless the time is extended by agreement with the applicant.
If the map is rejected, the reason shall be stated in the minutes
of the meeting and a written statement forwarded to the applicant.
If the map is approved, the Village Board shall cause the Village
Clerk-Treasurer to so certify on the face of the original map and
return the map to the applicant.[2]
E.
Recordation.
(1)
The applicant shall file a copy of the approved Certified Survey
Map together with the approving resolution with the County Register
of Deeds within 6 months after the date of the last approval of the
map and within 24 months after the first approval of the map. All
recording fees shall be paid by the applicant.[3]
(2)
No building permits shall be issued and no improvements shall be
made until the certified survey is recorded and a document recording
number is filed with the Building Inspector.
F.
Copies. The subdivider shall file 10 copies of the adapted Certified
Survey Map with the Village Clerk-Treasurer for distribution to the
Village Engineer, Building Inspector and other affected departments
for their files.
A.
Certified survey requirements. A Certified Survey Map prepared by
a registered land surveyor shall be required for all land divisions.
It shall comply with the provisions of § 236.34, Wis. Stats.,
and this chapter.
B.
Additional information. The Certified Survey Map shall show correctly
on its face, in addition to the information required by § 236.34,
Wis. Stats., the following:
(1)
All existing buildings, watercourses, drainage ditches and other
features pertinent to proper division.
(2)
Graphically indicated setbacks for building lines required by the Village Board and Chapter 635, Zoning.
[Amended 6-14-2017]
(3)
All lands reserved for future acquisition.
(4)
Date of the Map.
(5)
Graphic scale and north arrow.
(6)
Name and address of the owner, subdivider and surveyor.
(7)
Square footage of each parcel.
(8)
Present zoning for the parcels.
(9)
Existing and proposed contours may be required upon request from
Village staff, Engineer, Attorney, Planning Commission or Village
Board, at which time contours will be provided at vertical intervals
of not more than two feet where the slope of the ground surface is
less than 10% and of not more than four feet where the slope of the
ground surface is 10% or more. Elevations shall be marked on such
contours based on National Geodetic Datum of 1929 (mean sea level).
[Amended 3-13-2019]
(10)
All proposed streets, roads, or highways within 300 feet of
the boundaries of the parcels created by the minor land division.
(11)
Floodplain limits and the contour line lying a vertical distance
of two feet above the elevation of the one-hundred-year recurrence
interval flood, or where such data is not available, five feet above
the elevation of the maximum flood of record.
(12)
Location of soil boring tests, where required by Ch. SPS 385,
Wis. Adm. Code, made to a depth of six feet, unless bedrock is at
a lesser depth. The number of such tests shall be adequate to portray
the character of the soil and the depths of bedrock and groundwater
from the natural undisturbed surface. To accomplish this purpose,
a minimum of one test per three acres shall be made initially. The
results of such tests shall be submitted along with the preliminary
plat.
(13)
Location of soil percolation tests where required by Ch. SPS
385, Wis. Adm. Code, conducted in accordance with Ch. SPS 385, Wis.
Adm. Code, taken at the location and depth in which soil absorption
waste disposal systems are to be installed. The number of such tests
initially made shall not be less than one test per three acres or
one test per lot, whichever is greater. The results of such tests
shall be submitted along with the preliminary plat.
(14)
Entire area contiguous to the land outlined in the proposed
Certified Survey Map owned or controlled by the subdivider shall be
included on the Certified Survey Map even though only a portion of
said area is proposed for immediate development. The Village Plan
Commission or Village Board may waive this requirement where it is
unnecessary to fulfill the purposes and intent of this chapter and
severe hardship would result from strict application thereof.
C.
State plane coordinate system. Where the map is located within a
quarter section, the corners of which have been relocated, monumented
and coordinated by the Village, the map shall be tied directly to
one of the section or quarter corners so relocated, monumented and
coordinated. The exact grid bearing and distance of such tie shall
be determined by field measurements, and the material and Wisconsin
state plane coordinate of the monument marking the relocated section
or quarter corner to which the map is tied shall be indicated on the
map. All distances and bearings shall be referenced to the Wisconsin
Coordinate System, South Zone, and adjusted to the Village's
control survey.
D.
Certificates. The surveyor shall certify on the face of the Map that
he/she has fully complied with all the provisions of this chapter.
The Village Board, after a recommendation by the reviewing agencies,
shall certify its approval on the face of the Map. The Village Clerk-Treasurer
and the County Treasurer shall certify that there are no unpaid taxes
or unpaid special assessments on any of the land included in the Map.
[Amended 3-13-2013]
E.
Street dedication. Dedication of streets and other public areas shall
require, in addition, the owner's certificate and the mortgagee's
certificate in substantially the same form as required by § 236.21(2)(a),
Wis. Stats.
F.
Recordation. The Certified Survey Map shall only be recorded with
the County Register of Deeds after the certificates of the Village
Board, of the surveyor, and those certificates required by § 236.21,
Wis. Stats., are placed on the face of the Map.
[Amended 3-13-2013]
A.
Except as provided in § 70.27(1), Wis. Stats., when it
is proposed to replat a recorded subdivision, or part thereof, so
as to change the exterior boundaries of a recorded subdivision, or
part thereof, the subdivider or person wishing to replat shall vacate
or alter the recorded plat as provided in §§ 236.40
through 236.44, Wis. Stats. The subdivider or person wishing to replat
shall then proceed using the approval procedures for preliminary and
final plats prescribed in this article.
B.
Whenever a preliminary plat for a replat is filed, the Plan Commission
shall schedule and hold a public hearing before it acts on the plat.
[Amended 3-13-2013]
C.
Whenever an approved final plat is submitted for reapproval within
six months of the initial resolution approving the plat, and which
is substantially in conformance with the approved plat, and which
has not been recorded with the Register of Deeds, said plat shall
be reapproved by the Village Board. No final plats shall be reapproved
by the Village Board following the expiration of the six-month period.
Such plats shall be submitted as a new plat. All previous approvals
shall be null and void and shall have no further bearing on the subsequent
review and approval of the plat by the Village.
A.
A preliminary plat, final plat or certified survey shall not be approved
unless the Plan Commission and the Village Board determine that adequate
public facilities and public services will be available to meet the
needs of the proposed land division and that no public funds other
than those already provided in an adopted capital or operating budget
are required; the Village Board, at its discretion, may waive this
provision if the Board agrees to use bonding/borrowing for the project.
B.
The applicant shall furnish any data requested by the Village Clerk-Treasurer,
who shall transmit this information to the appropriate commission(s),
committee(s) and staff for review; the Village Clerk-Treasurer shall
act as coordinator of the reports from staff to the Plan Commission
and Village Board on the adequacy of water, sanitary and storm sewers,
fire service, police, parks and open space and recreation facilities,
transportation facilities and schools.
C.
Public facilities and public services for a proposed land division
may be found to be adequate when the following conditions exist:
(1)
The proposed land division is located in an urban service area where
adequate sewer service is presently available for extension, under
construction or designated by the Village Board for extension of sewer
service within the current capital budget year and funds are specifically
provided for such extension either from public or private financing.
The Plan Commission and the Village Board shall consider the recommendations
of the Village Engineer and the appropriate committee(s) on the capacity
of trunk lines and of sewerage treatment facilities and any other
information presented.
(2)
The proposed land division is located within an urban service area
contiguous to an arterial transmission water main of adequate capacity
for the proposed development or if the water distribution system that
is needed is under construction or scheduled for construction within
the current budget year, and funds, either public or private, are
available for the program. The Plan Commission and the Village Board
shall consider the recommendations from the Village's utilities
and the Village Engineer and the appropriate committee(s) on line
capacities, water sources and storage facilities, as well as any other
information presented.
(3)
The Village Clerk-Treasurer and Village Engineer verify to the Plan
Commission and the Village Board that adequate funds, either public
or private, are available to insure the installation of all necessary
stormwater management facilities.
(4)
The Director of Public Works can demonstrate to the Plan Commission
and the Village Board that street maintenance and refuse collection
services, either public or private, are so situated that adequate
and timely service can be provided so as not to involve danger or
injury to the health, safety or general welfare to the future residents
of the proposed land division or existing Village residents.
(5)
The Plan Commission verifies that the future residents of the proposed
land division can be assured park, recreation and open space facilities
and services which meet the standards of the Village's Comprehensive
Plan.
(6)
The Police Department, E.M.S. and Fire Department verify that timely
and adequate service can be provided to the residents.
(7)
The proposed land division is accessible by existing or officially
mapped, publicly maintained, all-weather roadway system, adequate
to accommodate both existing traffic and that traffic to be generated
by the proposed land division in accordance with the Official Map
and Village standards.
D.
Where the Plan Commission and the Village Board determine that two
or more public facilities or services are not adequate for the proposed
development, but that a portion of the area could be served adequately,
or that careful phasing of the development could result in all public
facilities and public services being adequate, conditional approval
may include only such portions or may specify phasing of the development.
E.
The above requirements shall not apply to those areas outside the
corporate limits of the Village of Baldwin and within the Village's
extraterritorial limits. Areas within the Village capable of being
served by public sewer and water shall be required to connect to the
Village of Baldwin public water distribution and/or public sewerage
system if determined by the Village Engineer to be feasible. If such
connection(s) are not determined feasible by the Village Board, the
proposed land division shall provide for adequate on-site systems
and such special piping provisions as may be necessary to serve the
anticipated development during the interim period until such Village
public water and/or sewerage systems are determined by the Village
Engineer to be feasibly available for connection. The subdivider,
and his heirs and assigns, shall, by written plat restriction, agree
to abandon the interim water and sewerage facilities and connect to
the Village public water and sewerage facilities upon a determination
by the Village Engineer that such facilities are available for feasible
connection.