It is recommended that, prior to the filing
of an application for the approval of a preliminary plat, the subdivider
consult with the Village Plan Commission and/or its staff in order
to obtain their advice and assistance. This consultation is neither
formal nor mandatory but is intended to inform the subdivider of the
purpose and objectives of this chapter, the Comprehensive Plan, Comprehensive
Plan Components, Neighborhood Plans, and duly adopted plan implementation
devices of the Village and to otherwise assist the subdivider in planning
his development. In so doing, both the subdivider and planning agency
may reach mutual conclusions regarding the general program and objectives
of the proposed development and its possible effects on the neighborhood
and community. The subdivider will gain a better understanding of
the subsequent required procedures.
[Amended 1-12-2004 by Ord. No. 3-04; 3-8-2010 by Ord. No. 2-10; 4-12-2021 by Ord. No. 5-21]
Before submitting a final plat for approval,
the subdivider shall prepare a preliminary plat and a letter of application.
The preliminary plat shall be prepared in accordance with this chapter,
and the subdivider shall file an electronic copy and an adequate number
of legible hard copies of the preliminary plat and the application
with the Village Clerk at least 30 days prior to the meeting of the
Village Plan Commission at which consideration is desired. In addition:
A.
The subdivider shall, pursuant to § 236.12,
Wis. Stats., submit the preliminary plat directly to the objecting
agencies. The subdivider shall file with the Village Clerk an affidavit
confirming that the subdivider has fully complied with the filing
requirements of § 236.12, Wis. Stats.
B.
The Village Clerk shall transmit copies of the preliminary
plat to the Village Plan Commission, Water Superintendent, Wastewater
Superintendent, Village Engineer, and all affected Village committees,
commissions and departments for their review and recommendation concerning
matters within their jurisdiction. The recommendations of the Village
staff, committees, commissions, and departments shall be transmitted
to the Village Plan Commission within 20 days from the date the plat
is filed. The preliminary plat shall then be reviewed by the Village
Plan Commission for conformance with this chapter and all ordinances,
rules, regulations, comprehensive plans and comprehensive plan components,
and neighborhood plans.
C.
The Village Clerk shall transmit one copy of the preliminary
plat to the Ozaukee County Land Conservation Committee, WE Energies,
and any other affected utilities for their review and recommendation
concerning matters within their jurisdiction. Their recommendations
shall be transmitted to the Village Plan Commission within 20 days
from the date the plat is filed.
[Amended 1-12-2004 by Ord. No. 3-04; 3-8-2010 by Ord. No. 2-10]
The objecting agencies shall, within 20 days
of the date of receiving their copies of the preliminary plat, notify
the subdivider and all other approving and objecting agencies of any
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
Clerk. If an objecting agency fails to act within 20 days, it shall
be deemed to have no objection to the plat. In addition:
A.
The Village Plan Commission shall, within 90 days
of the date of filing of a preliminary plat with the Village Clerk,
approve, approve conditionally, or reject such plat. One copy of the
plat shall thereupon be returned to the subdivider with the date and
action endorsed thereon, and, if approved conditionally or rejected,
a letter setting forth the conditions of approval or the reasons for
rejection shall accompany the plat. One copy each of the plat and
letter shall be placed in the Village Plan Commission's permanent
file.
B.
Failure of the Village Plan Commission to act within
90 days shall constitute an approval of the plat as filed unless the
review period is extended by mutual consent.
C.
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 as
approved, including any conditions of that approval, and to local
plans and ordinances, the final plat shall be entitled to approval
with respect to such layout. A professional engineer, planner, or
another person charged with the responsibility to review plats shall
provide the Village Board with his or her conclusions as to whether
the final plat conforms substantially to the preliminary plat and
with his or her recommendation on approval of the final plat. The
conclusions and recommendations shall be made a part of the record
of the meeting at which the final plat is being considered and are
not required to be submitted in writing. 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 Village Plan
Commission at the time of its submission.
[Amended 8-9-2010 by Ord. No. 20-10]
[Amended 1-12-2004 by Ord. No. 3-04; 3-8-2010 by Ord. No. 2-10; 4-12-2021 by Ord. No. 5-21]
The subdivider shall prepare a final plat and
a letter of application in accordance with this chapter, and the subdivider
shall file an electronic copy and an adequate number of legible hard
copies of the final plat and the application with the Village Clerk
at least 30 days prior to the meeting of the Village Plan Commission
at which action is desired. In addition:
A.
The subdivider shall, pursuant to § 236.12,
Wis. Stats., submit the final plat directly to the objecting agencies.
The subdivider shall file with the Village Clerk an affidavit confirming
that the subdivider has fully complied with the filing requirements
of § 236.12, Wis. Stats.
B.
The Village Clerk shall transmit copies of the final
plat to the Village Plan Commission, Water Superintendent, Wastewater
Superintendent, and Village Engineer for their review and recommendation
concerning matters within their jurisdiction. The recommendations
shall be transmitted to the Village Plan Commission within 20 days
from the date the plat is filed.
C.
The Village 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
ordinances, rules, regulations, comprehensive plans and comprehensive
plan components which may affect it and shall recommend approval or
rejection of the plat to the Village Board.
D.
Partial platting. If permitted by the Village Board,
the approved preliminary plat may be final platted in phases, with
each phase encompassing only that portion of the approved preliminary
plat which the subdivider proposes to record at one time; however,
it is required that each such phase be final platted and designated
as a phase of the approved preliminary plat.
The objecting 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.
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 Plan Commission.
If an objecting agency fails to act within 20 days, it shall be deemed
to have no objection to the plat. In addition:
A.
Submission. If the final plat is not submitted within
36 months after the last required approval of the preliminary plat,
the Village Board may refuse to approve the final plat or may extend
the time for submission of the final plat.
[Amended 1-12-2004 by Ord. No. 3-04; 8-9-2010 by Ord. No. 20-10]
B.
The Village Plan Commission shall, within 30 days
of the date of filing of the final plat with the Village Clerk, recommend
approval or rejection of the plat and shall transmit the final plat
and application along with its recommendations to the Village Board.
[Amended 3-8-2010 by Ord. No. 2-10]
C.
Notification. The Village Plan Commission shall, at
the time it recommends approval or rejection of a plat to the Village
Board, give at least 10 days' prior written notice of its recommendation
to the clerk of any municipality within 1,000 feet of the plat.
D.
The Village Board shall, within 60 days of the date
of filing the original final plat with the Village Clerk, approve
or reject such plat, unless the time is extended by agreement with
the subdivider. 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. The Village Board may not inscribe its
approval of the final plat unless the Village Clerk 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.
[Amended 3-8-2010 by Ord. No. 2-10]
E.
Failure of the Village Board to take action on the
plat within 60 days, the time having not been extended and no unsatisfied
objections having been filed, and all fees payable by the subdivider
having been paid, the plat shall be deemed approved.
F.
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 are filed, the
Village Clerk 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 shall not record the plat unless it is offered
within 12 months from the date of the last approval and within 36
months after the first approval. The final plat shall only be recorded
with the County Register of Deeds after the certificates of the Wisconsin
Department of Administration or current department having jurisdiction
over plat review, of the Village Board, and of the surveyor, and those
certificates required by § 236.21, Wis. Stats., are placed
on the face of the plat.
[Amended 1-12-2004 by Ord. No. 3-04; 3-8-2010 by Ord. No. 2-10; 8-9-2010 by Ord. No. 20-10]
G.
Copies. The subdivider shall file copies of the final
plat with the Village Clerk for distribution to the Village Engineer,
Building Inspector, Assessor, and other affected departments for their
files.
[Amended 3-8-2010 by Ord. No. 2-10]
A.
When it is proposed to replat a recorded subdivision, or part thereof, so as to change the 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 as specified in §§ 168-17 through 168-21.
B.
The Village Clerk shall schedule a public hearing
before the Village Plan Commission when a preliminary plat of a replat
of lands within the Village or its extraterritorial jurisdictional
limits is filed and shall cause notices of the proposed replat and
public hearing to be mailed to the owners of all properties within
200 feet of the exterior boundaries of the proposed replat.
[Amended 3-8-2010 by Ord. No. 2-10]
[Amended 1-12-2004 by Ord. No. 3-04; 3-8-2010 by Ord. No. 2-10]
When it is proposed to divide land into not more than two parcels or building sites, or when it is proposed to create by land division not more than two parcels or building sites within a recorded subdivision plat 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 1/2 acres in size (thus not constituting a subdivision as defined in Article XI of this chapter), the subdivider may subdivide by use of a certified survey map. The certified survey map shall include all parcels of land 10 acres or less in area and may, at the owner's discretion, include any other parcels containing more than 10 acres. The subdivider shall prepare the certified survey map in accordance with this chapter and shall file sufficient copies of the map and the letter of application with the Village Clerk at least 10 days prior to the meeting of the Village Plan Commission at which action is desired.
A.
A preapplication conference similar to the consultation suggested in § 168-17 of this chapter is recommended. A preliminary certified survey map may be required when the division provides for land to be dedicated to the public.
B.
The Village Clerk shall, within two normal workdays
after filing, transmit the copies of the map and letter of application
to the Village Plan Commission.
C.
The Village Plan Commission shall transmit a copy
of the map to all affected Village boards, commissions or departments
for their review and recommendations concerning matters within their
jurisdiction. Copies may also be transmitted to the Ozaukee County
Land Conservation Committee for review and comment. Their recommendations
shall be transmitted to the Village Plan Commission within 20 days
from the date the map is filed. The map shall be reviewed by the Village
Plan Commission for conformance with this chapter and all ordinances,
rules, regulations, comprehensive plans and comprehensive plan components,
and neighborhood plans.
D.
The Village Plan Commission shall, within 60 days
from the date of filing of the map, recommend approval, conditional
approval or rejection of the map and shall transmit the map along
with its recommendations to the Village Board.
E.
The Village Board shall approve, approve conditionally
and thereby require resubmission of a corrected map, or reject such
map within 90 days from the date of filing of the map, unless the
time is extended by agreement with the subdivider. If the map is rejected,
the reason shall be stated in the minutes of the meeting and a written
statement forwarded to the subdivider. If the map is approved, the
Village Board shall cause the Village Clerk to so certify on the face
of the original map and return the map to the subdivider.
F.
Recordation. After the certified survey map has been
approved by the Village Board, the Village Clerk shall cause the certificate
to be inscribed upon the map attesting to such approval, and the Village
Clerk shall record the map with the County Register of Deeds. The
Register of Deeds shall not record the map unless it is offered within
six months from the date of the last approval. The certified survey
map shall only be recorded with the County Register of Deeds after
the certificates of the Village Board and the surveyor are placed
on the face of the map.
G.
Copies. The subdivider shall file 10 copies of the
certified survey map with the Village Clerk for distribution to the
Village Engineer, Building Inspector, Assessor, and other affected
departments for their files.
When it is proposed to divide lands located in the unincorporated area within 1 1/2 miles of the corporate limits of the Village of Belgium, the subdivider shall proceed as specified in §§ 168-17 through 168-23 of this chapter, with the following exceptions or additions:
A.
Transmittal responsibility. The Town Clerk or County
Department of Environmental Health to whom or to which the plat or
certified survey map is first submitted shall be responsible for transmitting
copies of the plat or map to designated objecting agencies, unless
the subdivider has specifically requested that the Village assume
the responsibility of transmitting all review copies. The subdivider
shall specify in his letter of application to whom the original application
was submitted.
B.
Improvement and design requirements. If the extraterritorial plat or certified survey map contains lands located within the adopted Sanitary Sewer Service Area of the Village of Belgium, the subdivider shall comply with all of the improvement requirements of Article VIII of this chapter and with all of the design requirements of Article VII of this chapter. If the extraterritorial plat or certified survey map does not contain lands located within the Village's Sanitary Sewer Service Area, the subdivider shall comply with all of the design requirements of Article VII of this chapter. In either event, the subdivider shall not be required to dedicate park and open space land to the Village or be required to pay a public site fee to the Village.
