Village of Richfield, WI Article II Land Division Procedures [1]

[1] Editor's Note: The title of this article was changed from "Land Provision Procedures" to "Land Division Procedures" 8-21-2014 by Ord. No. 2014-8-1.

§ 330-16 Pre-preliminary plat.

Prior to the filing of an application for the approval of a preliminary plat or petition for a rezoning, the developer shall consult with the Village Plan Commission and its staff, in order to obtain their review, advice and assistance in the preparation of a preliminary plat. Such consultation shall be termed the "pre-preliminary plat" stage of the land division procedure and includes the following steps and information:

A. The developer shall prepare a conceptual development scheme or sketch plan at a scale of one inch equals 100 feet of all the contiguous lands in which he has legal or equitable interest and present three copies and the fee required by § 330-69 to the Village Clerk.

B. Such sketch plan shall include enough information to set forth the proposed development potential of the parcel to the satisfaction of the Village Plan Commission, and include at least the following:

(1) Topographic mapping at not less than ten-foot contour interval, except that if in the judgment of the Village Plan Commission more detailed topographic data is required to make a recommendation to the Village Board, topography at not less than two-foot intervals may be required prior to Village Plan Commission action;

(2) Soil characteristics or interpretations secured from detailed soil maps prepared by the USDA Natural Resources Conservation Service (NRCS) and/or monitoring borings data;

(3) The limits of woodland cover and wetlands on the entire parcel;

(4) Location of lakes, ponds, streams, or kettles, standing water, and designated floodplains on the parcel;

(5) Areas of steep or severe slope conditions, high water table conditions, and potential drainage and erosion problems;

(6) Existing and proposed access from the parcel to adjacent streets, roads, or properties;

(7) Proposed street location and width;

(8) Proposed lots, including size to the nearest 1/10 acre;

(9) Existing zoning of property within 300 feet of the property proposed to be divided;

(10) Any other pertinent information useful to the developer and Village Plan Commission in their determination of developability of the parcel; and

(11) Environmental corridors which shall be delineated on the sketch plan.

C. Following review and comment by the Village Planning and Zoning Administrator and Village Engineer of the sketch plan, the Village Plan Commission shall either reject the sketch plan, giving reasons for such rejection, or approve the sketch plan and make recommendations regarding any necessary rezoning. A petition for such rezoning shall be submitted simultaneously with submission of the preliminary plat. Such review and approval of the sketch plan shall constitute conceptual approval of the sketch plan only and shall not be deemed an approval of the layout and design of the proposed subdivision plat.

D. Through the pre-preliminary plat procedure it is expected that the developer and Village Plan Commission will reach mutual conclusions regarding the general design and objectives of the proposed development and its possible effects on the Village. The developer will also gain a better understanding of the subsequent required procedures so the entire process may be expedited.

§ 330-17 Preliminary plat review and approval.

Before submitting a final plat for approval, the developer shall prepare and submit a preliminary plat in accordance with Article III of this chapter, as well as a petition for any necessary rezoning, and in doing so, adhere to the following procedure:

A. The developer shall file 20 copies of the proposed plat and an application with the Village Clerk at least 25 days and not more than 45 days prior to the Village Plan Commission meeting at which action is desired.

B. At the time of application for preliminary plat approval the developer shall pay fees as set forth in the fee schedule adopted from time to time by the Village Board and provide all necessary documentation on soils and other physical features.

C. The Village Clerk or designee shall, within two normal workdays after filing, transmit:

(1) Four copies to the Washington County Planning and Parks Department;

(2) Two copies to the Wisconsin Department of Administration;

(3) Additional copies to the Wisconsin Department of Administration for retransmission of two copies to the State Department of Transportation, if the development abuts or adjoins a state trunk highway or a connecting street, the Wisconsin Department of Safety and Professional Services, if the development is not served by a public sewer and provision for such service has not been made, and the Wisconsin Department of Natural Resources, if shorelands or floodlands are contained within the proposed development;

(4) Seven copies to the Village Plan Commission; and

(5) One copy to the Village Engineer.

D. The Village shall hereafter be referred to as the "approving agency" and all other units and agencies described in Subsection C above shall hereafter be referred to as "objecting agencies."

E. The objecting agencies shall, within 20 days of the date of receiving their copies of the proposed preliminary plat, notify the developer and all other objecting agencies and the approving agency of any objections. If there are no objections, they shall so certify on the face of the copy of the proposed preliminary plat and shall return that copy to the Village Clerk. If an objecting agency fails to act within 20 days, having not asked for an extension, it shall be deemed to have no objection to the plat.

F. The preliminary plat shall then be reviewed by the Village Plan Commission for conformance with this chapter and all codes, chapters, ordinances, rules, regulations, Comprehensive Plans and Comprehensive Plan components of the Village relating to the plat and its recommendations transmitted to the Village Board.

G. The Village Board, with or without the recommendations of the Village Engineer, Village Plan Commission and the objecting or approving agencies, shall, within 90 days of the date of filing of a preliminary plat with the Village Clerk, approve, approve conditionally, or reject such plat unless the time is extended by mutual written agreement with the developer. One copy of the preliminary plat shall thereupon be returned to the developer 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. At least one copy each of the preliminary plat and letter shall also be placed in the Village Board's permanent file.

H. Deed restrictions may be required by the Village Plan Commission as a condition of preliminary plat approval for the purpose of ensuring that certain requirements and other conditions of approval imposed by the Village will be implemented by the developer and future lot owners.

I. A developer's agreement may be required by the Village as a condition of preliminary plat approval.

[Amended 8-21-2014 by Ord. No. 2014-8-1]

J. Failure of the Village Board to act on the proposed preliminary plat within 90 days from the date of filing of the plat with the Village Clerk, the time having not been extended as set forth in this section, and no unsatisfied objections having been filed shall constitute approval of the preliminary plat.

K. Approval or conditional approval of a proposed preliminary plat shall not constitute approval of the final plat, but rather 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 and Village Board at the time of its submission. If, however, the final plat is submitted within 36 months of preliminary plat approval and conforms substantially to the approved preliminary plat layout, the final plat shall be entitled to approval with respect to such layout. Approval or conditional approval of a preliminary plat expires 36 months after the last required preliminary plat approval is granted, unless as permitted by § 330-18C a final plat of at least one phase of the approved preliminary plat is submitted within such thirty-six-month period. In addition, with respect to a phased final plat, such thirty-six-month period shall be renewed and measured from the last preceding final plat phase approval. After expiration of such thirty-six-month period, the developer has the option of resubmitting the original preliminary plat for approval or submitting a newly designed preliminary plat in accordance with this section.

§ 330-18 Final plat review and approval.

[Amended 8-15-2013 by Ord. No. 2013-8-2]

Within 36 months from the date of approval of the preliminary plat or as extended by the Village Board, the developer shall prepare and submit a final plat in accordance with Article IV and the following procedure:

A. The developer shall file 20 copies of the proposed final plat and deed restrictions with the Village Clerk at least 25 days and not more than 30 days prior to the meeting of the Village Plan Commission at which action is desired.

B. At the time of application for the final plat approval, the developer shall pay all applicable fees as set forth in the fee schedule adopted from time to time by the Village Board and submit proposed deed restrictions and the developer's agreement if these were required as a condition of preliminary plat approval. Note: See standards for development construction.

C. Partial platting. If 30 or more acres in area, the approved preliminary plat may be final platted in phases with each phase encompassing at least 10 acres or 25% of the area of the approved preliminary plat, whichever is larger. If the developer elects to final plat in phases as approved by the Village Plan Commission, the Village Board shall require a timetable of completion of development of the entire property included in the preliminary plat at or prior to the time of submittal of the first phase of the final plat as part of the developer's agreement.

D. The Village Clerk or designee shall date all copies of the final plat when submitted and, within two normal workdays after filing, transmit four copies to the Planning and Parks Department; two copies to the State Department of Administration; one copy to the Village Engineer; and the original final plat and three copies to the Village Plan Commission.

E. The objecting agencies shall, within 20 days of the date of receiving their copies of the proposed final plat, notify the developer 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 on the proposed final 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.

F. 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 codes, chapters, ordinances, rules, regulations, Comprehensive Plans and Comprehensive Plan components which may affect it; and shall, within 40 days from the date of filing with the Village Clerk, recommend approval, conditional approval or rejection of the final plat to the Village Board.

G. Notification. The Village Board shall, prior to approving a plat, give a least 10 days' written notice of its proposed action to the Village Clerk of any municipality within 1,000 feet of the proposed final plat.

H. The Village Board shall, within 60 days of the date of filing the proposed final plat with the Village Clerk, approve or reject such plat unless the time is extended by mutual written agreement with the developer. If the proposed final plat is rejected, the reasons shall be stated in the minutes of the meeting, and a written statement of the reasons forwarded to the developer. The Village Board may not inscribe its approval of the final plat unless the Village Clerk certifies on the face of the final plat that the copies were forwarded to objecting agencies as required in this section, the date thereof, and that no objections have been filed within 20 days, or if filed, have been met. Also, no final plat may be approved until all required public and private improvements have been installed or constructed and any required deed restrictions have been approved.

[Amended 8-21-2014 by Ord. No. 2014-8-1]

I. Failure of the Village Board to take action on the final plat within 60 days from the date of filing the proposed plat with the Village Clerk or designee, the time having not been extended and no unsatisfied objections having been filed, shall constitute approval of the final plat.

J. Recordation. After the final plat has been approved by the Village Board, all applicable fees paid, all conditions of approval have been satisfied, and all required public and private improvements are installed, the Village Clerk or designee shall cause the certificate inscribed upon the final plat attesting to such approval to be duly executed and the final plat returned to the developer for recording with the county register of deeds. The register of deeds will not record the final plat unless it is offered within 12 months from the date of the last approval.

[Amended 8-21-2014 by Ord. No. 2014-8-1]

K. Copies. The developer shall file six copies of the approved final plat and deed restrictions with the Village Clerk or designee for distribution to the Village Engineer, Building Inspector, Assessor and other affected departments for their files. Also, one certified copy of the final plat as recorded by the County Register of Deeds shall be filed with the Village Clerk or designee by the developer.

§ 330-19 Replat review and approval.

[Amended 8-15-2013 by Ord. No. 2013-8-2]

When it is proposed to replat a recorded land division, or part thereof, so as to change the exterior boundaries of a recorded land division, or part thereof, the developer or person wishing to replat shall vacate or alter the recorded plat as provided in Ch. 236, Wis. Stats. The developer, or person wishing to replat, shall then proceed as specified in §§ 330-17 and 330-18. The Village Clerk or designee shall schedule a public hearing before the Village Plan Commission when a proposed preliminary plat of a replat of lands within the Village limits is filed and shall cause notices of the proposed replat and public hearing to be mailed to the owners of all properties within the limits of the exterior boundaries of the proposed replat and to the owners of all properties within 600 feet of the exterior boundaries of the proposed replat.

§ 330-20 Minor land division review and approval (certified survey map).

When it is proposed to divide land in a manner which results in a minor land division, then a certified survey map (CSM), as provided for in Ch. 236, Wis. Stats., shall be required for the resulting parcels which are 20 acres or less in area, and the developer, Village Plan Commission and Village Board shall proceed as follows:

A. To the extent applicable, as determined by the Village Planning and Zoning Administrator and Village Engineer, the procedures of §§ 330-16 and 330-17 shall be followed, except that a preliminary certified survey map shall be prepared as set forth in Article V of this chapter.

B. Following applicable preliminary or pre-preliminary approval of such minor land division, the developer shall prepare a final certified survey map in accordance with Article V of this chapter and shall file 15 copies of the final certified survey map, any necessary or required deed restrictions, any required fees and necessary soil monitor boring data with the Village Clerk at least 25 days prior to the Village Plan Commission meeting at which action is desired. In addition, a petition for any necessary rezoning shall be filed with the Village Clerk at least 25 days prior to the meeting at which time certified survey map approval is requested.

C. The Village Clerk or designee shall date all copies of the certified survey map when submitted and, within two normal workdays after filing, transmit copies of the final certified survey map and letter of application to the Village Plan Commission, Village Engineer, and to such other agencies and persons entitled to a copy according to statute for their review and recommendations concerning matters within their jurisdiction.

D. Recommendations of such persons or agencies shall be transmitted to the Village Clerk or designee within 15 days from the date of receipt of the final certified survey map which 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.

E. The Village Plan Commission shall, within 90 days from the date of filing of the final 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.

F. The Village Board shall approve, approve conditionally, or reject such final certified survey map within 90 days from the date of filing of such map with the Village Clerk unless the time is extended by mutual written agreement with the developer. If a final certified survey map is submitted within 12 months of the approval of a preliminary certified survey map and if the layout of the final certified survey map conforms substantially to the approved preliminary certified survey map layout and the conditions of approval of the preliminary certified survey map have been satisfied, the final certified survey map shall be entitled to approval with respect to such layout. If the map is rejected, the reason shall be stated in the minutes of the meeting at which such action is taken and a written statement forwarded to the developer. If the map is approved, the Village Board shall direct to the Village Clerk to so certify on the face of the original map.

[Amended 8-21-2014 by Ord. No. 2014-8-1]

G. Failure of the Village Board to take appropriate action on the final certified survey map within 90 days from the date of first filing with the Village Clerk shall constitute approval of the certified survey map.

H. Recordation. After the final certified survey map has been approved by the Village Board, all applicable fees paid, all conditions of approval satisfied and any required improvements either installed or an approved cash bond or an approved irrevocable letter of credit ensuring their installation is filed with the Village, the Village Clerk or designee shall cause the certificate inscribed upon the map attesting to such approval to be duly executed and the final certified survey map recorded with the County Register of Deeds. The Register of Deeds will not record the map unless it is offered within six months from the date of the last approval.

I. Copies. Ten copies of the final certified survey map shall be retained by the Village Clerk for distribution to the Village Engineer, Building Inspector, Assessor and other affected departments and agencies for their files. Also, one certified copy of the final certified survey map, as recorded, shall be retained by the Village Clerk for the Village files.

§ 330-21 Plats and minor land divisions within extraterritorial jurisdiction of Village.

A. Application. When the land to be developed lies within the extraterritorial jurisdiction of the Village the developer shall proceed as specified in §§ 330-16 to 330-20.

B. Review criteria. The Village Plan Commission may recommend, and the Village Board may approve, the division of lands in the extraterritorial plat approval jurisdiction based on the applicable criteria. The Village Plan Commission may recommend, and the Village Board may require, any conditions in the approval of a subdivision or certified survey map, including the use of any restrictive covenant.

§ 330-21.1 Prior review of sales or exchanges of parcels between adjoining landowners.

[Added 8-21-2014 by Ord. No. 2014-8-2]

A. Generally. In every situation, regardless of circumstances, that a property owner seeks to convey land in a manner that would adjust a lot line or create or eliminate a lot line, and that conveyance does not require a certified survey map or subdivision plat pursuant to this chapter, and where an adjacent property owner intends to acquire such interest in land, the proposed conveyance shall be submitted to the Zoning Administrator for review before the conveyance documents are signed and before the conveyance is recorded in the office of the Washington County Register of Deeds.

B. Review procedure. The general steps outlined below shall be used to review an application for a sale or exchange between adjoining landowners.

(1) Presubmittal meeting. Before submitting an application, the applicant or the applicant's agent may meet with the Zoning Administrator to review applicable regulations and procedures and the proposed transfer.

(2) Submittal of application materials. The applicant shall submit a completed application and other required materials to the Zoning Administrator along with the application fee set forth in the fee schedule adopted from time to time by the Village Board.

(3) Staff review. Within 10 days of submittal, the Zoning Administrator shall either determine that the application is incomplete and notify the applicant, in writing, of any deficiencies or make a decision based on the decision criteria contained in this section to approve the application, approve the application with conditions, or deny the application. The Zoning Administrator shall take no further steps to process the application until the deficiencies are remedied. The incomplete application shall be retained as a public record.

(4) Applicant notification. Within a reasonable time following his or her decision to approve or deny the application, the Zoning Administrator shall mail the decision notice to the applicant by regular mail.

(5) Public record copy. A duplicate copy of the decision notice shall be retained as a public record.

C. Review criteria. The review by the zoning administrator and by the Plan Commission on appeal, shall be limited to considering whether the conveyance is in compliance with § 236.45(2)(am)(3), Wis. Stats., and the applicable laws cited therein, including these regulations, the Village's zoning regulations, and other applicable laws and ordinances. Such conveyance can only be approved if the same number of lots exist prior to the conveyance as would exist after the conveyance. Such conveyance can only be approved if the resulting lots would all be both legal and conforming, even if any such lots are legal and nonconforming prior to the conveyance, because the conveyance creates new lots which do not predate the ordinance and therefore have no legal nonconforming rights. Such conveyance must not be approved if the conveyance includes land that has a legal nonconforming use, because the legal nonconforming rights are limited to use of the preexisting lot. Such conveyance shall not be approved if any of the resulting lots and the existing improvements on the lots would be in violation of applicable open space requirements. Such conveyance shall not be approved if the conveyance would make an existing conforming structure illegal or nonconforming, or would increase the extent of any preexisting legal nonconformity of an existing structure.

D. Expiration of an approval. An approval granted under this section shall automatically expire 12 months after the date of issuance if the transaction has not been recorded in the Washington County Register of Deeds office.

E. Appeal. An aggrieved person may appeal the Zoning Administrator's final decision by filing an appeal with the Plan Commission within 30 days of such decision. Following the final decision of the Plan Commission, an aggrieved person may appeal such decision by filing an appeal with a court of competent jurisdiction within 30 days of the final decision.