Prior to the filing of an application for the approval of a
preliminary plat, the subdivider or condominium developer (as applicable)
shall be required to file an application for a sketch plan review
and to consult with all affected utilities, the Town Zoning Administrator,
Town Engineer, affected Town departments, and Town Plan Commission
in order to obtain their advice and assistance. This consultation
is mandatory and is intended to inform the subdivider or condominium
developer (as applicable) of the purpose and objectives of these regulations;
the Town Comprehensive Plan; Comprehensive Plan components; duly adopted
plan implementation devices of the Town; the availability of sanitary
sewer, public water supply, stormwater management facilities, and
site grading requirements; and to otherwise assist the subdivider
or condominium developer (as applicable) in planning the development.
In so doing, both the subdivider or condominium developer (as applicable)
and Town of Barton may reach mutual conclusions regarding the general
program and objectives of the proposed development and its possible
effects on the neighborhood and surrounding area. The subdivider or
condominium developer (as applicable) will gain a better understanding
of the subsequent required procedures.
[Amended 11-30-1995 by Ord. No. 95-03[1]]
Prior to the submission of a preliminary plat to the Town, a sketch plan shall be prepared in accordance with Article VI of this chapter, and the subdivider or condominium developer (as applicable) shall file at least 20 copies of the sketch plan and the sketch plan review application with the Town Clerk (or other Town Board authorized agent), together with all necessary fees. Within 45 days of the filing of a sketch plan review application with the Town Clerk (or other Town Board authorized agent), the Town Zoning Administrator, Town Engineer, affected Town departments, and Town Plan Commission shall review the sketch plan and conduct the preapplication conference with the applicant. (See § 340-15.) In addition:
A.
Copies of sketch plan review application and sketch plan to Plan
Commission. The Town Clerk (or other Town Board authorized agent)
shall, within 45 days after filing of the sketch plan review application
and sketch plan, transmit seven copies to the Plan Commission.
B.
Copies of sketch plan review application and sketch plan to affected
Town commissions, departments, utilities, incorporated municipalities
having extraterritorial plat jurisdiction, and Washington County.
The Town Clerk (or other Town Board authorized agent) shall, within
five days, transmit a copy of the sketch plan review application and
sketch plan to all affected Town commissions or departments, affected
utilities, incorporated municipalities having extraterritorial plat
jurisdiction, and the Washington County Planning and Parks Department
for their review and recommendations concerning matters within their
jurisdiction.
(1)
The recommendations of Town commissions, departments, the Town Zoning
Administrator, and the recommendations of affected local utilities,
incorporated municipalities having extraterritorial plat jurisdiction,
and the county shall be transmitted to the Plan Commission within
20 days from the date the sketch plan review application and sketch
plan are filed.
(2)
The sketch plan review application and sketch plan shall then be
reviewed by the Plan Commission at the preapplication conference for
general conformance with this chapter and all other ordinances, rules,
regulations, adopted regional or county development or Town Comprehensive
Plans or adopted plan components which affect it.
A.
When required. When it is proposed to divide land into five or more
parcels or building sites, any of which is 10 acres each or less in
size, the subdivider shall subdivide by use of a subdivision plat.
The subdivision plat shall include all parcels of land 10 acres or
less in size and may, at the owner's discretion, include any other
parcels containing more than 10 acres.
B.
Filing of a preliminary plat. Before submitting a final plat for approval, the subdivider or condominium developer (as applicable) shall prepare a preliminary plat and an application. The preliminary plat shall be prepared in accordance with Article VII of this chapter, and the subdivider or condominium developer (as applicable) shall file at least 36 copies of the preliminary plat, natural resource protection plan (if required; see Article IV), landscape plan for any landscape easement area (see Article V) and the application with the Town Clerk (or other Town Board authorized agent), together with all necessary fees, at least 45 days prior to the meeting of the Plan Commission at which first consideration is desired.[1]
C.
Copies of preliminary plat, natural resource protection plan, landscape
plan, and application to be transmitted by Town Clerk. The Town Clerk
(or other Town Board authorized agent) shall, within two normal workdays
after filing, transmit:
(1)
Seven copies to the Plan Commission;
(3)
Additional copies to the Wisconsin Department of Administration for
retransmission of two copies each to:[3]
(a)
The Wisconsin Department of Transportation, if the subdivision
abuts or adjoins a state trunk highway or a connecting street;
(b)
The Wisconsin Department of Safety and Professional Services,
if the subdivision is not served by a public sewer and provision for
such service has not been made;
(c)
The Wisconsin Department of Natural Resources, if shorelands
or floodlands are contained within the proposed subdivision;
(4)
Five copies to the Town Board;
(5)
Seven copies to the clerk of each adjoining city or village if the
land division lies within the extraterritorial plat approval jurisdiction
of a city or village;
(6)
One copy to each school board with jurisdiction;
(7)
Four copies to the Washington County Planning and Parks Department;
(8)
Copies as needed to affected Town departments and commissions; and
(9)
Additional copies that may be requested by approving authorities
and objecting agencies.
D.
Fees required by state agencies to be transmitted by Town Clerk.
Any appropriate fees paid by the subdivider or condominium developer
(as applicable) for the required state agency reviews shall be forwarded
by the Town Clerk (or other Town Board authorized agent) to the Wisconsin
Department of Administration.[4]
E.
Copies of preliminary plat to be transmitted by Town Clerk to affected
Town commissions or departments. The Town Clerk (or other Town Board
authorized agent) shall transmit a copy of the preliminary plat to
all affected Town commissions or departments for their review and
recommendations concerning matters within their jurisdiction.
(1)
The recommendations of the Town commissions, Town departments, and
of affected local utilities shall be transmitted to the Plan Commission
within 20 days from the date the plat is filed.
(2)
The preliminary plat shall then be reviewed by the Plan Commission
for conformance with this chapter and all other ordinances, rules,
regulations, adopted regional or county development plans, Town Comprehensive
Plans or adopted plan components which affect it.
F.
Plan Commission review and recommendation to Town Board.
(1)
Plan Commission review. The preliminary plat (including natural resource
protection plan and landscape plan, as applicable) shall then be reviewed
by the Plan Commission for conformance with this chapter and all other
ordinances, rules, regulations, adopted regional or county development
plans, Town Comprehensive Plans or adopted plan components which affect
it.
(2)
Plan Commission recommendation to Town Board. The Plan Commission
shall, within 60 days of the date of the filing of a preliminary plat
(including natural resource protection plan and landscape plan, as
applicable) with the Town Clerk (or other Town Board authorized agent),
recommend to the Town Board approval, conditional approval, or rejection
of the preliminary plat (including natural resource protection plan
and landscape plan, as applicable) and shall transmit the preliminary
plat and application, along with its recommendation, to the Town Board.
A.
Notification by objecting agencies. The objecting agencies shall,
within 20 days of the date of receiving their copies of the preliminary
plat, notify the subdivider or condominium developer (as applicable)
and all other approving and objecting agencies of any objections.
(1)
Certification of no objections required. 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 Town Clerk (or other Town Board authorized
agent).
(2)
Failure of objecting agency to act on preliminary plat. If an objecting
agency fails to act within 20 days, it shall be deemed to have no
objections to the plat.
B.
Town Board action. The Town Board, within 90 days of the date of
filing a preliminary plat with the Town Clerk (or other Town Board
authorized agent), shall approve, approve conditionally, or reject
such plat, unless the time is extended by agreement with the subdivider
or condominium developer (as applicable).
(1)
Notification to subdivider or condominium developer (as applicable)
of Town Board action. One copy of the plat may thereupon be returned
to the subdivider or condominium developer (as applicable) 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.
(2)
Filing of preliminary plat in Town Board's permanent file. One copy
each of the plat and letter shall be placed in the Town Board's permanent
file.
C.
Failure of Town Board to act. Failure of the Town Board to act within
90 days of the date of filing, or within the time extended by agreement
with the subdivider or condominium developer (as applicable), shall
constitute an approval.
D.
Approval or conditional approval of a preliminary plat. 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 as indicated in § 236.11(1)(b),
Wis. Stats., the final plat shall be entitled to approval with respect
to such layout.[1]
A.
Designation of approving authorities. The Town Board of the Town
wherein the plat is located, county planning agency [as defined by
§ 236.02(3), Wis. Stats.] and each adjoining city or village
in whose extraterritorial plat approval jurisdiction the subdivision
lies [pursuant to § 236.10(1)(b), Wis. Stats.] are designated
approving authorities.
B.
Designation of objecting agencies. The Wisconsin Department of Administration;
Wisconsin Department of Safety and Professional Services; Wisconsin
Department of Transportation (if the subdivision, certified survey
map, or condominium abuts or adjoins a state trunk highway or connecting
highway); and county planning agency [as defined by § 236.02(3),
Wis. Stats.] shall be hereinafter referred to as "objecting agencies."[1]
C.
Final plat and application submittal. The subdivider or condominium developer (as applicable) shall prepare a final plat and an application in accordance with Article VIII of this chapter and shall file an adequate number of copies of the final plat and the application as set forth below:
(1)
Submittal of final plat to the Wisconsin Department of Administration.
Before any approvals of the final plat are made, the subdivider or
condominium developer (as applicable) or subdivider's or condominium
developer's (as applicable) agent shall submit the original final
plat to the Wisconsin Department of Administration, which shall forward,
at the subdivider's or condominium developer's (as applicable) expense,
the following:[2]
(a)
Two copies to the Wisconsin Department of Transportation, if
the subdivision abuts or adjoins a state trunk highway or a connecting
street;
(b)
Two copies to the Wisconsin Department of Safety and Professional
Services, if the subdivision is not served by a public sewer and provision
for such service has not been made; and
(c)
Two copies to the Wisconsin Department of Natural Resources,
if shorelands are contained within the proposed subdivision.
(2)
Submittal of final plat to the Town Clerk. After approval by the Department of Administration and other state departments, the subdivider or condominium developer (as applicable) shall file at least 36 copies of the final plat and an application with the Town Clerk (or other Town Board authorized agent), along with the proper fees in accordance with Article XIV of this chapter, and the receipt of the proper filing fees of each of the other approving authorities and objecting agencies, at least 15 days prior to the meeting of the Plan Commission at which consideration is desired.[3]
(3)
Town Clerk transmittal of final plat. The Town Clerk (or other Town
Board authorized agent) shall, within two working days after the filing
by the subdivider or condominium developer (as applicable), transmit
with a cover letter and copies of the final plat and application:
(a)
Seven copies to the Plan Commission;
(b)
Five copies to the Town Board;
(c)
Seven copies to the clerk of each adjoining city or village
if the subdivision lies within the extraterritorial plat approval
jurisdiction of the city or village;
(d)
Four copies to the Washington County Planning and Parks Department;
(e)
One copy to the school board with jurisdiction;
(f)
Copies as needed to affected Town departments and commissions;
and
(g)
Additional copies that may be requested by approving authorities
and objecting agencies.
D.
Plan Commission examination and recommendation. 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 ordinances, rules, regulations, adopted regional
and county development or local Comprehensive Plans and adopted plan
components which may affect it and shall recommend approval, conditional
approval, or rejection of the final plat to the Town Board.
E.
Partial platting.
(1)
Plat phasing. The final plat may, if permitted by the Plan Commission,
be platted as a final plat in phases, with each phase constituting
only that portion of the approved preliminary plat which the subdivider
or condominium developer (as applicable) proposes to record at that
time. It is required that each such phase be platted as a final plat
and be designated as a phase of the approved preliminary plat.
(2)
Time extension for approval of a final plat for portion of preliminary
plat. Final plats for only a portion of the preliminary plat shall
extend approval for the remaining portion of the preliminary plat
for six months from the date of such final plat approval.
A.
Objecting agencies. The objecting agencies shall, within 20 days
of the date of receiving their copies of the final plat, or 30 days
in the case of the Department of Administration, notify the subdivider
or condominium developer (as applicable) and all other approving authorities
and objecting agencies of any objections.[1]
(1)
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 Plan Commission.
(2)
If an objecting agency fails to act within 20 days, or the Department
of Administration fails to act within 30 days, it shall be deemed
to have no objections to the plat.
B.
Submission. If the final plat is not submitted within 36 months of
the required approval of the preliminary plat, the approving authorities
may refuse to approve the final plat. Extensions may be granted upon
mutual agreement of all approving authorities.[2]
C.
Plan Commission recommendation. The Plan Commission shall, within
40 days of the date of filing of the final plat with the Town Clerk
(or other Town Board authorized agent), recommend approval, conditional
approval, or rejection of the plat and shall transmit the final plat
and application, along with its recommendations, to the Town Board.
D.
Approval or rejection of final plat. The Town Board shall, within
60 days of the date of filing the original final plat with the Town
Clerk (or other Town Board authorized agent), approve or reject such
final plat, unless the time is extended by agreement with the subdivider
or condominium developer (as applicable).
(1)
If the 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 subdivider or condominium developer (as applicable) and surveyor.
(2)
The Town Board may not inscribe its approval on the final plat unless
the Department of Administration has certified on the face of the
final plat that the copies were forwarded to the objecting agencies
as required herein, the date thereof, and that no objections have
been filed within 20 days or, if filed, have been met.[3]
(3)
If the Town Board fails to act within 60 days, the time having not
been extended and no unsatisfied objections having been filed, the
final plat shall be deemed approved.
E.
Recordation.
(1)
After the final plat has been approved by the Town Board and improvements
as shall be required by the Town either installed or a contract and
sureties insuring their installation filed, the Town Clerk (or other
Town Board authorized agent) shall cause the certificate inscribed
upon the final plat attesting to such approval to be duly executed
and the plat returned to the subdivider or condominium developer (as
applicable) for recording with the Washington County Register of Deeds.
F.
Copies of the recorded final plat. The subdivider or condominium
developer (as applicable) shall file at least 10 copies of the recorded
final plat with the Town Clerk (or other Town Board authorized agent)
and copies, as necessary, to other affected agencies for their files.
When the land to be subdivided lies within 1 1/2 miles of the corporate limits of a fourth class city or village or within three miles of the corporate limits of a first, second, or third class city, the subdivider or condominium developer (as applicable) shall proceed as specified in §§ 340-15 through 340-19, except:
A.
Transmittal responsibility. The Town Clerk (or other Town Board authorized
agent) to whom the certified survey map, subdivision plat, or condominium
is first submitted shall be responsible for transmitting copies of
the certified survey map, subdivision plat, or condominium to designated
objecting agencies unless the subdivider or condominium developer
(as applicable) has specifically requested that the Town assume the
responsibility of transmitting all review copies. The subdivider or
condominium developer (as applicable) shall specify in the subdivider's
or condominium developer's application to whom the original application
was submitted.
B.
Improvement and design requirements. If the extraterritorial certified survey map, subdivision plat, or condominium contains lands located within a Town of Barton adopted sanitary sewer service area, the subdivider or condominium developer (as applicable) shall comply with all of the improvement requirements of Article XII of this chapter and with all of the design requirements of Article X of this chapter. If the extraterritorial certified survey map, subdivision plat, or condominium does not contain lands located within a Town of Barton adopted sanitary sewer service area, the subdivider or condominium developer (as applicable) shall comply with all of the design requirements set forth in Article X of this chapter.
C.
Collection of park dedication and public site fees. In extraterritorial
plat approval jurisdiction areas of any incorporated municipality,
the subdivider or condominium developer (as applicable) shall not
be required to dedicate park and open space land to said incorporated
municipality or be required to pay a public site fee to said incorporated
municipality.
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 boundaries of a recorded subdivision, or part thereof, the subdivider or condominium developer (as applicable) 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 condominium developer (as applicable), or person wishing to replat, shall then proceed as specified in §§ 340-15 through 340-19 of this chapter.
A.
When required. When it is proposed to divide land into at least two but not more than four parcels or building sites, any of which is 35 acres or less in size, or when it is proposed to create by land division not more than four parcels or building sites within a recorded subdivision plat without changing the exterior boundaries of a block, lot or outlot (thus not constituting a subdivision as defined in Article XV of this chapter), the subdivider shall subdivide by use of a certified survey map. The certified survey map shall include all parcels of land 35 acres or less in size and may, at the owner's discretion, include any other parcels containing more than 35 acres.
B.
Filing of a certified survey map and Plan Commission review and recommendation. The subdivider shall prepare the certified survey map in accordance with Article IX of this chapter.
(1)
The subdivider shall file at least 36 copies of the certified survey map, natural resource protection plan (if required; see Article IV), landscape plan for any landscape easement areas (see Article V), and the application with the Town Clerk (or other Town Board authorized agent) at least 15 days prior to the meeting of the Plan Commission at which action is desired.
(2)
The Town Clerk (or other Town Board authorized agent) shall, within
two working days after filing, transmit copies of the map and application,
along with a cover letter, to all approving authorities, including
extraterritorial plat review agencies if not waived in writing.
(3)
The Town Clerk (or other Town Board authorized agent) shall, within
two normal workdays after filing, transmit the certified survey map,
natural resource protection plan, landscape plan, and application
as follows:
(a)
Seven copies to the Plan Commission.
(b)
Five copies to the Town Board.
(c)
Copies as needed to affected Town commissions and Town departments.
(d)
One copy to each school board with jurisdiction.
(e)
Four copies to the Washington County Planning and Parks Department.
(f)
Additional copies as may be requested by the approving authorities
and objecting agencies.
(4)
The recommendations of all approving authorities shall be transmitted
to the Plan Commission within 20 days from the date the map is filed
with the Town Clerk (or other Town Board authorized agent).
(5)
The certified survey map shall be reviewed by the Plan Commission
for conformance with this chapter and all other ordinances, rules,
regulations, adopted regional, county, or Town development or Comprehensive
Plans or adopted plan components which affect it.
(6)
The Plan Commission shall, within 40 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 Town Board.
C.
Town Board approval. Where a certified survey map has been transmitted
by the Plan Commission to the Town Board, the Town 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 subdivider.[1]
(1)
If the map is approved, the Town Board shall cause the Town Clerk
(or other Town Board authorized agent) to so certify on the face of
the original map and return the map to the subdivider.
(2)
If the map is rejected, the reason shall be stated in the minutes
of the meeting and a written statement forwarded to the subdivider.
D.
Natural resource protection plan required. For properties proposed to be divided by certified survey map, and that contain natural resource features as described in this chapter, a natural resource protection plan, as described in Article IV, shall be submitted for review by the Town Zoning Administrator and Plan Commission.
E.
Deed restrictions and conservation easements. For properties proposed
to be divided by certified survey map and which contain natural resources
required to be preserved under this chapter, the Plan Commission may
require that deed restrictions and/or conservation easements be filed
with the certified survey map.
F.
Recordation.
(1)
All improvement requirements, specified by all approving agencies
in matters over which they have jurisdiction, shall be met before
recording the certified survey map.
G.
Copies. The subdivider shall file at least 30 copies of the certified survey map and its accompanying natural resource protection plan with the Town Clerk (or other Town Board authorized agent) for distribution to the Plan Commission, various Town departments, and other affected agencies for their files as set forth under Subsection B.
