Town of Pacific, WI Plat Review and Approval

If the subdivider decides to proceed with the subdivision, the subdivider shall, following the completion of the preliminary consultation and concept plan stage, submit to the Town Clerk an application for subdivision, together with three copies of the preliminary plat meeting the technical requirements of this section, as well as the other documents and items required in this section. The Clerk shall note the date received on the face of each of the copies of the preliminary plat as the date of initial submittal.

Upon receipt of the submission required under Subsection A(1), the Town Clerk shall immediately notify and provide one copy of the submission to the Town Engineer and one copy to the Town Plan Commission Chair, or his or her designee if the Chair is not immediately available, who shall each have seven business days to determine whether the submission appears complete in covering the requirements of this section.

If the documents do not appear complete or in sufficient detail, the Town Engineer or Town Plan Commission Chair shall notify the Town Clerk, who shall then immediately contact the subdivider, identifying the necessary additional documents needed before the preliminary plat is deemed submitted and complete. The process shall then recommence per Subsection A(1) upon the resubmission of corrected or additional information. If the requested additional materials are not received within one week prior to the next regularly scheduled Town Board meeting, the Town Board will at such meeting act to reject the preliminary plat due to its incompleteness, documenting in its action the reasons for such rejection.

If the Plan Commission Chair and Town Engineer determine the submission or resubmission is complete with sufficient detail, or if the seven-business-day review period passes without comment or action from either of these individuals, the Town Clerk shall notify the subdivider, who shall within seven calendar days provide and file with the Town Clerk 15 copies of the application, preliminary plat, and other documents required under this section.

(5)

The preliminary plat shall then be prepared in accordance with the provisions and requirements of this chapter, and the subdivider shall file the required number of complete copies of the preliminary plat and letter of application with the Town Clerk a minimum of 28 calendar days prior to the regular meeting of the Plan Commission at which review of the preliminary plat is desired. The Clerk will then fill in the date received on the application and the preliminary plat as the date of complete submittal and shall distribute copies to the Town Engineer, Plan Commission, Town Board, and County Planning and Zoning Departments.

(6)

The Town Engineer shall have 21 calendar days from the date of a complete submission to review the plat against the technical requirements of this chapter and prepare and submit to the Plan Commission a written report. The report shall include observations and recommendations regarding the preliminary plat.

(7)

If the subdivider elects to revise and resubmit the preliminary plat after its initial submission, the time frames for Town Plan Commission, Board and Engineer action under this chapter shall be measured from the date of resubmittal.

Preliminary plat mapping requirements. When a subdivider proposes to create a subdivision, the subdivider shall provide a preliminary plat prior to submitting a final plat. It shall be clearly marked "preliminary plat" and shall be in sufficient detail to determine whether the final plat will meet layout requirements. The preliminary plat shall be based upon a survey by a registered land surveyor, prepared on Mylar or paper of good quality, at a scale of no less detail than 100 feet to the inch, and shall comply in all respects with the requirements of Ch. 236, Wis. Stats., and this chapter.

Title under which the proposed subdivision is to be recorded, which name shall not duplicate or be alike in pronunciation to the name of any plat heretofore recorded in the Town unless considered an addition to the subdivision.

Legal description/location of the proposed subdivision by government lot, quarter section, township, range, county and state.

Date, scale, North point on the face of the plat document with a detailed list of revisions for all alterations or corrections, from initial plat submittal up to and including the final submittal date, as necessary. The revision list may be included on the face of the plat or in a cover letter attached with the plat document(s), as necessary.

Names, telephone numbers, and addresses of the owner and any agent having control of the land, engineer, subdivider, land surveyor preparing the plat.

(5)

Entire area contiguous to the proposed plat owned or controlled by the subdivider may be required by the Town 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 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 Town Board may waive these requirements where adjacent development patterns have already been established and it is unnecessary to fulfill the purposes and intent of this chapter and undue hardship would result from strict application thereof.[1]

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

(6)

Exact length and bearing of the exterior boundaries of the proposed subdivision referenced to a corner established in the United States Public Land Survey and the total acreage encompassed thereby.

(7)

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.

(8)

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.

(9)

Location and names of any adjacent subdivisions, parks and cemeteries and owners of record of abutting unplatted lands.

(10)

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.

(11)

Location, size and invert elevation of any existing sanitary or storm sewers, culverts and drainpipes, 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, assuming the availability of such sewer and water mains is consistent with the Town Comprehensive Plan.

(12)

Corporate limit lines within the exterior boundaries of the plat or immediately adjacent thereto.

(13)

Existing zoning on and adjacent to the proposed subdivision.

(14)

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. 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 Town Engineer, undue hardship would result because of the remoteness of the parcel from a mean sea level reference elevation, another datum may be used. Contours shall extend past the outer property lines by a minimum of 50 feet.

(15)

High-water elevation of all ponds, streams, lakes, flowages and wetlands within the exterior boundaries of the plat or located within 100 feet therefrom.

(16)

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.

(17)

Wetland, floodland, hydric soil 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.

(18)

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, where such land division cannot be served by public facilities as determined by the Town Board.

(19)

Soil types and their boundaries, as shown on the operational soil survey maps prepared by the USDA Natural Resources Conservation Service, including soils identified as having severe limitations for on-site waste treatment systems on Map 8 of the Town's Comprehensive Plan or a more detailed source and soils with low or very low potential for dwellings with basements;

(20)

Location, width and names of all proposed streets and public rights-of-way such as alleys and easements.

(21)

Approximate dimensions of all lots together with proposed lot and block numbers. The area in square feet of each lot shall be provided.

(22)

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.

(23)

Approximate radii of all curves.

(24)

Any proposed lake and stream access, with a small drawing clearly indicating the location of the proposed subdivision in relation to access.

(25)

Any proposed lake and stream improvement or relocation, and notice of application for approval by the Division of Water, Department of Natural Resources, when applicable.

(26)

Soil tests and reports as may be required by the Town Engineer for the design of roadways, storm drainage facilities, on-site sewage disposal systems, erosion control facilities, and/or other subdivision improvements and features.

(27)

Setbacks and building lines for each lot consistent with the pertinent requirements of the Town and all applicable zoning codes.

(28)

Location of building envelopes within each lot shall be in accordance with § 440-36, Lot design standards, and Chapter 461, Site Plan Review, of the Code of the Town of Pacific.

(29)

Identification of the land area that is to be deed-restricted, dedicated or otherwise protected from future development in order to meet the requirements for a cluster development in Article VII of this chapter.

(30)

Identification of land that has slopes over 20% or more (separately distinguished), with reference to the requirements of this § 440-12.

(31)

Location of any proposed overhead utility poles and service or transmission lines.

(32)

Areas within environmental corridors and soils with building limitations. A more detailed map shall be provided for the subject property if such limitations exist.

(33)

Areas within landscaped buffer yards.

(34)

Any other information required by the Town to determine whether the plat will meet the design standards in Article VI of this chapter.

(35)

Existing buildings shall be represented with coordinating exposures, first flow elevation, and pertinent information with relation to the proposed land and future intent.

(36)

Off-site drainage shall be represented with relationship to the existing land. The intent to control the parameters of the drainage area and direction of flow shall be listed.

(37)

Design features (may include as separate documents).

Locations and widths of proposed alleys, pedestrianways and utility easements.

Layout numbers and preliminary acreages and dimensions of lots and blocks.

(c)

Minimum front, rear, side and street yard building setback lines.

(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 post-development 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.

(38)

Where the Town Board or Town 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.

Public improvements; plans and specifications.

Simultaneously with the filing of the preliminary plat, the owner shall file with the Town Clerk and/or the Town Engineer:

Preliminary soils reports.

Preliminary plans for the construction of any public improvements required by this chapter.

(c)

Preliminary stormwater management and erosion control plan.

(d)

Preliminary culvert/ditch grades, size and location (shown on the preliminary plat).

(e)

Preliminary street center-line plan/profiles.

(f)

Preliminary landscaping plans.

(g)

Other preliminary plans/reports as deemed appropriate by the Town Engineer and Plan Commission.

The subdivider shall confirm with the Town the exact number of copies of the required documents. Summary copies may be made by the Town (at the expense of the subdivider) for use by Town officials as deemed necessary for adequate review.

Property owners' association; restrictive covenants. A draft of the legal instruments and rules for any proposed property owners' associations, and proposed deed restrictions or restrictive covenants, shall be submitted at the time of filing the preliminary plat with the Town Clerk and shall set forth the provisions that may not be changed without Town Board approval.

Environmental assessment.

Filing requirement. An environmental assessment checklist shall be completed by the subdivider for review by the Town Board with the preliminary plat, or preferably as part of the preliminary consultation, for any subdivision or land division by certified survey which the Town has authority to approve.

Purpose. The purpose of this environmental assessment checklist is to provide the basis for an orderly, systematic review of the effects of all new subdivisions upon the community environment in accordance with the principles and procedures of Wisconsin Statutes set for local subdivision regulation. The Town Board will use these procedures in determining land suitability. The goals of the community in requiring this checklist are to eliminate or reduce pollution and siltation to an acceptable standard; assume ample living space per capita; preserve open space and parks for recreation; provide adequately for stormwater control; maintain scenic beauty and aesthetic surroundings; administer to the economic and cultural needs of the citizens; and provide for the effective and efficient flow of goods and services.

Coverage. The environmental assessment checklist shall apply to all reviewable subdivisions and land divisions by certified survey.

Preliminary checklist for environmental assessment of plats, land divisions and community development plans. An environmental assessment checklist form as required under this subsection is available from the Town Clerk.

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 has fully complied with the provisions of this chapter.

Drafting standards. The subdivider shall submit to the Town Clerk and to those agencies having the authority to object to plats under provisions in Chapter 236 of the Wisconsin Statutes 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 proposed improvements with separate plans (grading, tree planting, paving, installation of facilities and dedications of land); easements and other associated documents which the subdivider proposes to make shall be enumerated and attached by accompanying letter including when the improvements will be provided. Contours shall be extended beyond the property lines by at least 50 feet.

Referral to other agencies.

Submissions to agencies.

The surveyor who has prepared the preliminary plat shall, within five days of filing, transmit the preliminary plat, along with all applicable fees, as follows:

[1]

Two copies to any sanitation or utility district;

[2]

Fourteen copies to the Columbia County Planning and Zoning Office;

[3]

The original preliminary plat to the Wisconsin Department of Administration;

[4]

Such additional copies, as shall be required under applicable state rules and regulations, to the Wisconsin Department of Administration, the Department of Transportation, the Department of Natural Resources and any other state agency having jurisdiction over the proposed land division;

[5]

Such copies as shall be required under applicable municipal rules and regulations, to any municipality that may have extraterritorial plat approval jurisdiction in regard to any portion of the area being platted; and

[6]

Such copies as shall be required under applicable governmental rules and regulations, to any other governmental authority that may have jurisdiction in regard to any aspect of the land division.

The Town Clerk shall promptly be provided with verification that those filings have been made and applicable fees have been paid. The developer shall be responsible for timely taking all further steps necessary to obtain approval from all agencies, departments and other governmental authorities who may have jurisdiction relating in any way to this land division.

Additional Clerk submissions. The Town Clerk shall, within two days of filing, transmit two copies to the fire district, ambulance or EMS district, lake district, school district or other jurisdictions that may be impacted by the development.

Objecting agencies. Within 20 days of the date of receiving the copies of the plat, any state or county agency having authority to object under Subsection H(1) of this section 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 are 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 are 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 to object. Sanitary districts within the Town may file objections with the Plan Commission or Town Board at any time prior to and including the Board's public hearing on the land division.

Alternative referral procedure. In lieu of the procedure under Subsection H(1) of this section, the subdivider may submit the original plat to the Wisconsin Department of Administration, which shall forward two copies to each of the agencies authorized to object. The Department shall have the required number of copies made at the subdivider's expense. Within 20 days of the date of receiving the copies of the plat, any agency having authority to object shall notify the subdivider and all agencies having the authority to object 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 there is no objection, it shall so certify on the face of a copy of the plat and return that copy to the Wisconsin DOA. After each agency and the Department have certified that they have no objection or that their objections have been satisfied, the Department shall so certify on the face of the plat. If an agency fails to act within 20 days from the date of the receipt of copies of the plat, and the Department fails to act within 30 days of receipt to the original plat, it shall be deemed that no objections exist to the plat and, upon demand, it shall be so certified on the face of the plat by the Department.

Public hearing. Prior to making its final recommendations to the Town Board with respect to the proposed land division, the Plan Commission shall instruct the Town Clerk to schedule a public hearing on the preliminary plat and, if rezoning is required, the proposed rezoning before the Plan Commission. The Town Clerk shall give notice of the Plan Commission's review and public hearing on the preliminary plat and/or rezoning by listing it as an agenda item in the Plan Commission's meeting notice published in the official Town newspaper and by separate box notice. The notice shall include the name of the applicant, the address of the property in question and the requested action. Adjoining property owners and all other property owners within 500 feet of the proposed land division shall receive written notice of the public hearing, a short description of the plat, any change in the zoning, and instructions on where to acquire additional details regarding the proposal.

Board action. The Town Board shall, after receiving the recommendation of the Plan Commission, conduct its own review of the preliminary plat and negotiate with the subdivider on any changes deemed advisable and the kind and extent of public improvements which are necessary. The Town Board shall, within 90 days of the date the Town Clerk acknowledges receipt of the preliminary plat and all completed application documents, including all those documents required under the provisions of this § 440-12, approve, approve conditionally or reject the preliminary plat. The Town Clerk shall provide written notice to the subdivider of any conditions for approval or the reasons for rejection. Failure of the Town Board to act within 90 days of filing or within the agreed upon extended review period shall constitute approval of the preliminary plat, unless an objecting agency files an objection or unless the review period is extended by mutual written agreement between the subdivider and Town Board. Notwithstanding that public hearings have been conducted by the Plan Commission, the Town Board shall have the right to hold another public hearing as part of its review and approval or disapproval process if deemed necessary and in the best interests of the Town.[2]

[2]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

Effect of preliminary plat approval. 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 after the last approval and conforms substantially to the preliminary plat and meets the conditions of preliminary plat approval and conforms to all adopted ordinances, the final plat shall be entitled to approval with respect to such layout. The preliminary plat shall be deemed an expression of 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 Town Board at the time of its submission.[3]

[3]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

Preliminary plat amendment. Should the subdivider desire to amend the preliminary plat as approved, the subdivider shall resubmit the amended plat, which shall follow the same preliminary plat procedure except for the fee, unless the amendment is, in the opinion of the Town Board, of such scope to constitute a new plat; in which such case it shall be refiled with the appropriate application fee. Any change to the preliminary plat shall be submitted in one comprehensive electronic copy in a format approved by the Town, marked and dated to designate which draft it represents (highlighting each of the changes made from the previous draft), along with four comprehensive copies in printed form, identical in all respects to the electronic copy.

[Amended 6-21-2016 by Ord. No. 2016-2]

§ 440-13 Final plat requirements.

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 Ch. 236, Wis. Stats., and this chapter.

Additional plat information. The final plat shall also show the following information correctly on its face:

Street center line. Exact length and bearing of the center lines of all streets.

Street width. Exact street width along the line of any obliquely intersecting street.

Railroads. Railroad rights-of-way within and abutting the plat.

Setbacks. Setbacks or building lines required by the Town.

(5)

Reserved land. All lands reserved for future public acquisition or reserved for the common use of property owners within the plat.

(6)

Planting strips. Special restrictions required by the Town Board relating to landscaping or planting strips.

(7)

Driveway access. Special restrictions required by the Town Board relating to driveway siting or areas where access is to be controlled in any way.

(8)

Driveway culverts. Those restrictions required by the Town for private driveways and culverts, including among other things, size, type, grade and location.

(9)

Easements. All easements shall be shown and described on the plat.

(10)

Drainage arrows. The planned orientation for private lot runoff shall be shown as direction arrows on the final plat.

(11)

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.

(12)

Groundwater presence. Where soil borings show that 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 groundwater conditions in the area of Lot(s) __________. On these lots, either basement elevations must be elevated above the groundwater level or the basement exteriors must be fully waterproofed. The owner is responsible for confirming the actual groundwater elevation at the proposed building site and setting basement and other floor elevations to avoid groundwater infiltration."

(13)

Lot numbering identification system.

(14)

Street signs. All street signs and other roadway control infrastructure required by the Town.

(15)

Vision triangles.

Additional documentation. The final plat shall also be accompanied by the submittal of all supporting documents as updated/finalized from the preliminary plat versions as per § 440-12A through G. This would include legal documents such as covenants and agreements.

Final plat submission. The subdivider shall file with the Clerk one comprehensive electronic copy in a format approved by the Town, marked and dated to designate which draft it represents (highlighting each of the changes made from the previous draft), along with four comprehensive copies in printed form, identical to the electronic copy. This submittal is made to allow it to be reviewed, approved and submitted within 36 months after the last approval. If the final plat is not submitted within said timeline, the Town may refuse to approve the final plat or may extend the time for submission of the final plat.

[Amended 6-21-2016 by Ord. No. 2016-2]

Clerk submission to agencies. The Town Clerk shall, within two days of filing, transmit copies as required for preliminary plats under § 440-12H(1). The Town Clerk shall also refer the final plat to the Town Engineer, and a copy each to the telephone and power and other utility companies. The endorsement shall be referred to the Town Attorney for examination and report. The Town Clerk shall also refer the final plans and specifications of public improvements to the Town Engineer for review. The recommendations of the Plan Commission and Town Engineer shall be made within 30 days of the filing of the final plat. The Town Engineer shall examine the plat and final plans and specifications of public improvements for technical details and, if found satisfactory and conform substantially to the preliminary plat, shall so certify in writing to the Plan Commission. If the plat or the plans and specifications are unsatisfactory or do not conform substantially to the preliminary plat, the Town Engineer shall return them to the subdivider and so advise the Plan Commission.

Objecting agencies. The objecting agencies shall, within 20 days (30 days for the Wisconsin Department of Safety and Professional Services) of the date of receiving their copies of the final plat, notify the subdivider and all other approving and objecting agencies of any objections in the same manner noted for preliminary plats under § 440-12H(3) of this chapter.

Notice to municipality. If the final plat lies within 1,000 feet of any incorporated municipality, the Town Clerk shall give at least 10 days' prior written notice to such municipality of the meeting at which the final plat is scheduled for final action by the Town Board.[1]

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).

Town board final action. The Town Board shall, within 60 days of the date of filing the final plat with the Town Clerk, approve or reject such plat unless the time is extended by written 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 sent to the subdivider by the Town Clerk. The Town Board may not inscribe its approval on the final plat unless the Town 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 (30 days for the Department of Safety and Professional Services) or, if filed, have been met. Failure of the Town Board to act within 60 days of filing, unless the time has been extended and/or unsatisfied objections have been filed, shall be deemed approval of the plat.

Certification. If the original of the final plat has been filed with another approving authority, the subdivider may file a true copy of such plat in lieu of the original. However, before approval of the Town Board will be inscribed on the original of the final plat, the surveyor or the subdivider shall certify the respects in which the original of the final plat differs from the true copy, and all modifications must first be approved. 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.

Additional Clerk notification. The Town Clerk shall, within two working days of the final plat approval, notify the fire district, ambulance or EMS district, lake district, school district and utility or sanitary district of the final plat approval.

Execution of plat and plat documents. After the Town Board approves the final plat and required improvements are either installed or a contract and sureties ensuring their installation are filed, the Town Clerk shall execute the certificate inscribed upon the plat attesting to such approval and return the plat to the subdivider for recording with the County Register of Deeds. All final documents shall be signed by the Town Clerk, Town Chair, Town Engineer, and subdivider as final.

Submission of final copies. Once the final plat is approved, the subdivider shall submit to the Clerk one comprehensive electronic copy in a format approved by the Town, covering the final signed plat and the final draft of all associated documents (signed or initialed) submitted as part of the plat approval process, along with four comprehensive copies in printed form, identical to the electronic copy in all respects.

[Added 6-21-2016 by Ord. No. 2016-2]

§ 440-14 Minor land division, CSM and consolidation requirements.

[Amended 2-18-2014 by Ord. No. 2014-1; 2-17-2015 by Ord. No. 2015-1; 1-17-2017 by Ord. No. 2017-4]

Use of certified survey map (CSM).

A certified survey map, prepared and recorded in accordance with § 236.34, Wis. Stats., and the requirements of this article, and having been approved by the Town Board, may be used in lieu of a subdivision plat to divide or consolidate lands, or dedicate lands, provided that one of the following conditions is met:

The division or consolidation is of any lot, outlot, parcel or other lands previously approved by the Town and recorded with the County Register of Deeds as a subdivision plat, certified survey, or assessor's plat, of any size, which results in not more than four lots, outlots, parcels or mortgage descriptions being created by any division or successive division, regardless of any changes in ownership, within any five-year period; or

The division or consolidation is of any lot, outlot, parcel or other lands previously recorded with the County Register of Deeds, including those recorded by a metes and bounds description, provided any of the resulting parcels are not less than 35 acres in size, and which results in not more than four lots, outlots, parcels or mortgage descriptions being created by any division or successive division, regardless of changes of ownership, within any five-year period.

In the event a proposed land division does not meet the above requirements, the proposed land division must be pursued as a subdivision plat.

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 Dedications, when a certified survey map is used. A certification of the approval of the certified survey map by the Town Board shall be inscribed legibly on the face of the map. A certificate of the Town Clerk stating that there are no unpaid special assessments or taxes on the lands shall be included on the certified survey map.

Submission.

Before submitting the application packet for review by the Plan Commission, the subdivider shall prepare the application and completed checklist and deliver to the Town Clerk for determination of completeness by the Town Engineer. Once the Town Engineer indicates that the packet is complete, the subdivider shall submit to the Clerk one comprehensive electronic copy (in PDF format) marked "First Draft" and dated, and also four comprehensive copies in printed form, identical in all respects to the electronic copy. The Certified Survey Map shall be prepared in accordance with this chapter and the subdivider shall file those copies as required by this section with the Town Clerk at least 14 days prior to the meeting of the Town Plan Commission at which action is desired. The Town Clerk shall submit copies of the completed submittal to the Town Engineer for review and written report of the Town Engineer's recommendations.

Should the subdivider desire to amend or revise the certified survey map, the subdivider shall resubmit the certified survey map, which shall follow the same procedure except for the fee. Any change to the certified survey map shall be submitted in one comprehensive electronic copy in a format approved by the Town, marked and dated to designate which draft it represents (highlighting each of the changes made from the previous draft), along with four comprehensive copies in printed form, identical in all respects to the electronic copy, noting that it is a second or subsequent draft of the proposed certified survey map.

Referral to Plan Commission. The Town Clerk shall, within two normal workdays after filing, transmit the copies of the map and letter of application to the Plan Commission.

Review by other Town agencies. The Town Clerk shall transmit a copy of the map to the Town Engineer, Town Attorney, and to all affected Town boards, commissions or departments for their review and recommendations concerning matters within their jurisdiction. Their recommendations shall be transmitted to the Town Board within 45 days from the date the map is filed. The map shall be reviewed by the Town Board 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.

Review and approval. The Town Board shall approve, 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 Town Board shall cause the Town Clerk to so certify on the face of the original map and return the map to the applicant. If rejected, the subdivider shall have 60 days to resubmit the application for the project.

Map standards. All CSMs shall comply with Ch. 236, Wis. Stats., and the provisions of this chapter. In review of the CSM, the Town Engineer may waive any provisions of this chapter that are clearly not applicable for the Town's review of the CSM.

Recordation.

The applicant shall file a copy of the approved certified survey map, together with the approving resolution, with the County Register of Deeds within six months of the date of the last resolution of approval and not later than 24 months following the date of the first resolution of approval. All recording fees shall be paid by the applicant.

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.

Reapprovals. Submittals of previously approved certified survey maps for replatting or reapproval by the Town Board shall be in accordance with this section.

Street/public area 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.

Requirements. The certified survey shall comply with the provisions of this chapter relating to general requirements, design standards and required improvements.

Driveways. A CSM shall not be finally approved unless the proposed driveway access for each lot meets all applicable Town, county and state requirements and verification that such permit has been issued or otherwise approved has been provided to the Town.

§ 440-15 Replat requirements.

Dedication. Except when an assessor's plat is ordered pursuant to § 70.27(1), Wis. Stats., when it is proposed to replat a recorded subdivision, or part thereof, so as to alter areas dedicated to the public, the subdivider or person wishing to replat shall vacate or alter the recorded plat as provided in §§ 236.40 through 236.45, Wis. Stats. The subdivider or person wishing to replat shall then proceed as specified in §§ 440-11 through 440-18 of this chapter.

Public hearing. The Town Clerk shall schedule a public hearing before the Plan Commission when a preliminary plat of a replat of lands within the Town is filed and shall mail notices of the proposed replat and public hearing to the owners of all properties within the limits of the exterior boundaries of the proposed replat and all property owners' properties who own a parcel located within 500 feet of the exterior boundaries of the proposed replat.

§ 440-16 Subdivision created by successive land divisions.

When a subdivision is created by successive land divisions, then a preliminary and final plat shall be submitted under the procedures set forth in this chapter, and the final plat shall comply with all applicable provisions of this chapter.

§ 440-17 Survey standards.

Examination. The Plan Commission or its designees shall examine all final plats within the Town of Pacific 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.

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, four 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.

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.

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 Town, 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 Town's control survey.

Survey monumentation. Before final approval of any plat, replat, condominium plat or certified survey within the corporate limits of the Town, the subdivider shall install monuments placed in accordance with the requirements of Ch. 236, Wis. Stats., or as may be required by the Town Engineer. All disturbed monuments shall be restored. All survey monumentation located adjacent to street or public rights-of-way, but not located within street pavement, shall be protected with steel fence posts erected near the survey monumentation. Survey monuments marking road boundaries shall be established prior to road construction to confirm the alignment of the roadway within the road right-of-way, and the location of such monuments shall be verified in the as-built survey. The Town Engineer may waive the placing of monuments for a reasonable time during public improvement construction on condition that the subdivider executes a surety to insure the placing of such monuments within the time required. On behalf of the Town, the Town Clerk is authorized to accept such surety bonds and contracts for monumentation in an amount approved by the Town Engineer. Building permits shall not be issued until all survey monumentation for the block(s) of lots in which the lot(s) for which building permits are being applied for within the phase of the land division under development has been installed. When the land division includes an established 1/2, 1/4, 1/4-1/4, or other such section monument, the established monument shall be preserved and/or fully restored by the subdivider at his cost.

Plat label. "COUNTY PLAT," "MUNICIPAL PLAT" or "TOWN PLAT" shall be printed on the map in prominent letters with the location of the land by government lot, recorded private claim, quarter-quarter section, section, township, range and county noted.

§ 440-18 Fees for review of plats, replats and certified surveys.

General. The subdivider shall pay the Town all fees required herein and at the times specified. In the event fees are not timely paid, the Town shall not be required to take any further action with respect to the plat or certified survey map, or the subdivider shall not be entitled to record same. Moreover, if the subdivider refuses to pay all fees, the Town shall be empowered, in addition to any and all other remedies, without notice of hearing, to impose the amount due onto the tax rolls of the real estate proposed to be divided or already divided within the subdivision or minor subdivision and collect such bill as a special charge pursuant to § 66.0627, Wis. Stats.

Engineering fee. The subdivider shall pay a fee equal to the actual cost to the Town for all engineering work incurred by the Town in connection with the plat or certified survey map, including inspections required by the Town. The subdivider shall pay a fee equal to the actual cost to the Town for such inspection as the Town Board deems necessary to assure that the construction of the required improvements is in compliance with the plans, specifications and ordinances of the Town or any other governmental authority; subdivider shall pay the fee within 15 days of each billing by the Town Clerk.

Other fees. The subdivider shall pay a fee equal to the cost of any legal, consulting, administrative and fiscal services which may be incurred by the Town in connection with the plat or certified survey map. The subdivider shall pay the fee within 15 days of each billing by the Town Clerk.

Escrow for fees. At such time as the subdivider submits a preliminary plat or CSM for review by the Plan Commission and Town Board, it shall deposit with the Town Treasurer, in escrow, the sum provided for below to be applied toward the fees owed to the Town under the reimbursable services agreement:

[Amended 4-16-2013 by Ord. No. 2013-1]

Map. Minor subdivision (CSM): $2,500.

Subdivisions. Subdivisions, including condominiums: $3,000 for each five lots or units, up to a maximum of $10,000.

In the event the amount deposited with the Town Treasurer falls below 25% of the amount required to be deposited, the Treasurer shall report to the Town Engineer that the escrow has fallen below that minimum balance. The Town Engineer shall then, after examining the status of subdivider's project, prepare an estimate of the amount necessary to cover payment of all remaining fees relating to subdivider's project. The amount then required to replenish the escrow account shall then be 125% of that estimate, but shall not exceed the original escrow amount. Based on that formula, the Town Engineer shall notify the Treasurer of the amount to invoice the subdivider to replenish the escrow. The Treasurer shall then forward an invoice to the subdivider covering the amount due, which shall specifically note that payment is due within seven days after the date that the invoice is mailed. The Town Engineer and Clerk shall be promptly notified if payment is not timely received. The Town Board shall monthly be advised of the amount remaining in each escrow account relating to any project pending before the Town and of any escrow account that have not been timely replenished. In the event subdivider withdraws his plat or minor subdivision, or same is approved, and money remains in escrow over and above the Town's fees, the excess shall be refunded to subdivider. The escrow account shall not draw interest for the benefit of the subdivider. The Town Treasurer, with the approval of the Town Board, shall have the right to draw upon the escrow to reimburse the Town for the fees it has incurred in reviewing the minor subdivision or subdivision on a periodic basis. An accounting of all fees incurred by the Town and the status of the escrow shall also be provided to the subdivider periodically. In the event the subdivider defaults in establishing or replenishing the escrow, the Town shall not be required to act further upon the subdivider's request while the subdivider is in default, and all times hereunder shall be tolled.

[Amended 6-21-2016 by Ord. No. 2016-2]

Preliminary plat/CSM review fee.

Filing fee for preliminary plat. The subdivider shall pay a fee of $500 plus $40 for each lot or authorized dwelling unit within the preliminary plat or CSM to the Town Treasurer at the time of first application for preliminary plat or CSM approval to assist in defraying the cost of review.

Reapplication fee. The subdivider shall pay a reapplication fee of $40 to the Town Treasurer at the time of reapplication for approval of any preliminary plat which has previously been filed.

Final plat review fee.

Filing fee for final plat. The subdivider shall pay a fee of $500 plus $40 for each lot or authorized dwelling unit within the final plat to the Town Treasurer at the time of first application for final plat approval of said plat to assist in defraying the cost of review.