Village of Clyman, WI
Dodge County
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Table of Contents
Table of Contents
Before filing a preliminary plat or certified survey map (minor land division), the subdivider is encouraged to consult with the Village Board for advice regarding general subdivision requirements. Information on meeting dates, agenda deadlines and filing requirements may be obtained from the Village Clerk-Treasurer. The subdivider shall also submit a location map showing the relationship of the proposed subdivision to traffic arteries and existing community facilities. This consultation is neither formal nor mandatory but is intended to inform the subdivider of the purpose and objectives of these regulations, the Comprehensive Plan, Comprehensive Plan components and duly adopted plan implementation devices of the Village and to otherwise assist the subdivider in planning his development. In so doing, both the subdivider and planning agency may reach mutual conclusions regarding the general program and objectives of the proposed development and its possible effects on the neighborhood and community. The subdivider will gain a better understanding of the subsequent required procedures.
A. 
Submission. Before submitting a final plat for approval, the subdivider shall prepare a preliminary plat and a letter of application. The subdivider shall submit five copies of the preliminary plat. The preliminary plat shall be prepared in accordance with this chapter, and the subdivider shall file copies of the plat and the application as required by this section with the Village Clerk-Treasurer at least 25 days prior to the meeting of the Village Board at which action is desired. The Village Clerk-Treasurer shall submit copies of the preliminary plat to the Village Board and to the Village Engineer and Village Attorney for review and written report of their recommendations and reactions to the proposed plat. An abstract of title or registered property report shall be referred to the Village Attorney at this time for his/her examination and report.
B. 
Public improvements; plans and specifications. Simultaneously with the filing of the preliminary plat, the owner shall file with the Village Clerk-Treasurer a report addressing sewer and water service feasibility, drainage facilities and center line profiles showing streets in the subdivision.
C. 
Property owners association; restrictive covenants. A draft of the legal instruments and rules for proposed property owners associations, when the subdivider proposes that common property within a subdivision would be either owned or maintained by such an organization of property owners or a subunit of the Village pursuant to § 236.293, Wis. Stats., and proposed deed restrictions or restrictive covenants, shall be submitted at the time of filing the preliminary plat with the Village Clerk-Treasurer.
D. 
Environmental assessment.
(1) 
Filing requirement. An environmental assessment checklist shall be completed by the subdivider for review by the Village Board with the preliminary plat, or preferably as part of the preliminary consultation, for any subdivision or land division by certified survey which the Village has authority to approve.
(2) 
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 Village 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.
(3) 
Coverage. The environmental assessment checklist shall apply to all reviewable subdivisions, and land divisions by certified survey. The Village Board may waive the requirement for the filing of an environmental assessment checklist for land divisions by certified survey of less than five acres total area.
(4) 
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 Village Clerk-Treasurer. (Cross-reference: Appendix A.[1])
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
E. 
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.
F. 
Supplementary data to be filed with preliminary plat. The following shall also be filed with the preliminary plat:
(1) 
Use statement. A statement of the proposed use of lots stating type of residential buildings with number of proposed dwelling units; types of business or industry so as to reveal the effect of the development on traffic, fire hazards and congestion of population; and
(2) 
Zoning changes. If any zoning changes are contemplated, the proposed zoning plan for the areas, including dimensions; and
(3) 
Area plan. Where the subdivider owns property adjacent to that which is being proposed for the subdivision, the Village Board may require that the subdivider submit a preliminary plat of the remainder of the property so as to show the possible relationships between the proposed subdivision and future subdivision. In any event, all subdivisions must be shown to relate well with existing or potential adjacent subdivisions.
G. 
Street plans and profiles. The subdivider shall provide street plans and profiles showing existing ground surface, and proposed and established street grades, including extensions for a reasonable distance beyond the limits of the proposed subdivision when requested.
H. 
Soil testing. The subdivider may be required to provide a preliminary soils report, listing the types of soil in the proposed subdivision, their effect on the subdivision and a proposed soil testing and investigation program. Pursuant to the public policy concerns prescribed in § 377-7, the Village Board may require that borings and soundings be made in specified areas to ascertain subsurface soil, rock and water conditions, including depth to bedrock and depth to groundwater table.
I. 
Drafting standards. The subdivider shall submit to the Village Clerk-Treasurer and to those agencies having the authority to object to plats under provisions in 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 improvements (grading, tree planting, paving, installation of facilities and dedications of land), easements which the subdivider proposes to make and shall indicate by accompanying letter when the improvements will be provided. Any proposed restrictive covenants for the land involved shall be submitted.
A. 
Referral to other agencies.
(1) 
The subdivider shall, within two days after filing with the Village, transmit two copies to the County Planning Agency, two copies to the Wisconsin Department of Administration, additional copies to the Department of Administration for retransmission of two copies each to the Wisconsin Department of Transportation, if the subdivision abuts or adjoins a state trunk highway or a connecting street, and the Wisconsin Department of Safety and Professional Services if the subdivision is not served by the public sewer and provision for such service has not been made, and an adequate number of copies to the Village Board. The subdivider shall file with the Village Clerk-Treasurer an affidavit indicating that he/she has fully complied with the requirement of filing with objecting agencies. The County Planning Agency, the Wisconsin Department of Administration, the Wisconsin Department of Transportation and the Wisconsin Department of Safety and Professional Services shall be hereinafter referred to as objecting agencies.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(2) 
Within 20 days of the date of receiving the copies of the plat, any state or county agency having authority to object under Subsection A(1) above shall notify the subdivider and all approving or objecting authorities of any objection based upon failure of the plat to comply with the statutes or rules which its examination is authorized to cover, or, if all objections have been satisfied, it shall so certify on the face of a copy of the plat and return that copy to the approving authority from which it was received. The plat shall not be approved or deemed approved until any objections have been satisfied. If the objecting agency fails to act within the twenty-day limit, it shall be deemed to have no objection to the plat.
(3) 
In lieu of the procedure under Subsection A(1) above, the subdivider or the subdivider's agent 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 Department of Administration. 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 of the original plat, it shall be deemed that there are no objections to the plat and, upon demand, it shall be so certified on the face of the plat by the Department.
B. 
Board action. The Village Board shall, within 90 days of the date the plat was filed with the Village Clerk-Treasurer, approve, approve conditionally or reject such plat and shall state, in writing, any conditions of approval or reasons for rejection, unless the time is extended by agreement with the subdivider. Failure of the Village Board to act within 90 days or extension thereof shall constitute an approval of the preliminary plat, unless other authorized agencies object to the plat. The Village Clerk-Treasurer shall communicate to the subdivider the action of the Village Board. If the preliminary plat is approved, the Village Clerk-Treasurer shall endorse it for the Village Board.
C. 
Effect of preliminary plat approval. Approval or conditional approval of a preliminary plat shall not constitute automatic approval of the final plat, except that if the final plat is submitted within six months of preliminary plat approval and conforms substantially to the preliminary plat layout, the final plat shall be entitled to approval. Conditional approval may be granted subject to satisfactory compliance with pertinent provisions of this chapter and Ch. 236, Wis. Stats. The preliminary plat shall be deemed an expression of approval or conditional approval of the layout submitted as a guide to the preparation of the final plat, which will be subject to further consideration by the Village Board at the time of its submission.
D. 
Preliminary plat amendment. Should the subdivider desire to amend the preliminary plat as approved, he may resubmit the amended plat which shall follow the same procedure, except for the fee, unless the amendment is, in the opinion of the Village Board, of such scope as to constitute a new plat, in which such case it shall be refiled.
A. 
Filing requirements.
(1) 
The subdivider shall prepare a final plat and a letter of application in accordance with this chapter and shall file five copies of the plat and the application with the Village Clerk-Treasurer at least 15 days prior to the meeting of the Village Board at which action is desired. The Village Clerk-Treasurer shall give notice of the Village Board's meeting in the manner prescribed in § 377-11A(2). The owner or subdivider shall file five copies of the final plat within 36 months after the last required approval of the preliminary plat; otherwise, the preliminary plat and final plat will be considered void unless an extension is requested, in writing, by the subdivider and for good cause granted by the Village. The owner or subdivider shall also submit at this time a current certified abstract of title or registered property report and such other evidence as the Village Attorney may require showing title or control in the applicant. A written transmittal letter shall identify all substantial changes that have been made to the plat since the approval of the preliminary plat.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(2) 
The subdivider shall, within two days after filing with the Village, transmit two copies to the County Planning Agency, two copies to the Wisconsin Department of Administration, additional copies to the Department of Administration, for retransmission of two copies each to the Wisconsin Department of Transportation, if the subdivision abuts or adjoins a state trunk highway or a connecting street, and the Wisconsin Department of Safety and Professional Services if the subdivision is not served by a public sewer and provision for service has not been made, and the original final plat and adequate copies to the Village Board. The subdivider shall file with the Village Clerk-Treasurer an affidavit indicating that he has fully complied with the requirement of filing with objecting agencies. The County Planning Agency, the Wisconsin Department of Administration, the Wisconsin Department of Transportation, and the Wisconsin Department of Safety and Professional Services shall be hereinafter referred to as objecting agencies.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(3) 
The final plat shall conform to the preliminary plat as approved and to the requirements of all applicable ordinances and state laws and shall be submitted for certification of those agencies having the authority to object to the plat as provided by § 236.12(2).
(4) 
Simultaneously with the filing of the final plat or map, the owner shall file with the Village Clerk-Treasurer 12 copies of the final plans and specifications of public improvements required by this chapter, and a signed copy of the developer's contract required by § 377-19.
(5) 
The Village Clerk-Treasurer shall refer copies of the final plat to the Village Board, one copy to the Village Engineer, one copy to the Village Attorney, and a copy each to the telephone and power and other utility companies. The abstract of title or registered property report and final plat shall be referred to the Village Attorney for his/her examination and report. The Village Clerk-Treasurer shall also refer final plans and specifications for public improvements required by this chapter to the Village Engineer for review. The recommendations of the Village Attorney and Village Engineer shall be made within 30 days of the filing of the final plat. The Village Engineer shall examine the plat or map and final plans and specifications of public improvements for technical details and, if he/she finds them satisfactory, shall so certify, in writing, to the Village Board. If the plat or map or the plans and specifications are not satisfactory, the Village Engineer shall return them to the owner and so advise the Village Board.
B. 
Other agency review.[3]
(1) 
Objecting state and county agencies shall, within 20 days of the date of receiving their copies of the final plat, notify the subdivider and all other approving and objecting agencies of any objections, except that the Wisconsin Department of Administration has 30 days in which to make objections. If there are no objections, they shall so certify on the face of the copy of the plat and shall return that copy to the Village. If an objecting agency fails to act within 20 days, or the Department of Administration fails to act within 30 days, it shall be deemed to have no objection to the plat.
(2) 
If the final plat is not submitted within 36 months of the last-required approval of the preliminary plat, the Village Board may refuse to approve the final plat.
[3]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
Board review and approval.
(1) 
The Village Board shall, within 60 days of the date of filing the original final plat with the Village Clerk-Treasurer, approve or reject such plat unless the time is extended by agreement with the subdivider. If the plat is rejected, the reasons shall be stated in the minutes of the meeting and a written statement of the reasons forwarded to the subdivider. The Village Board may not inscribe its approval on the final plat unless the Village Clerk-Treasurer certifies on the face of the plat that the copies were forwarded to objecting agencies as required herein, the date thereof and that no objections were filed within the time frame prescribed in Subsection B(1) or, if filed, have been met.[4]
[4]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(2) 
The Village Board shall, when it determines to approve a final plat, give at least 10 days' prior written notice of its intention to the Municipal Clerk-Treasurer of any municipality within 1,000 feet of the final plat.
(3) 
Failure of the Village Board to act within 60 days, the time having not been extended and no unsatisfied objections having been filed, the plat shall be deemed approved.
D. 
Recordation. After the final plat has been approved by the Village Board and required improvements either installed or a contract and sureties insuring their installation is filed, the Village Clerk-Treasurer shall cause the certificate inscribed upon the plat attesting to such approval to be duly executed and the plat returned to the subdivider for recording with the County Register of Deeds. The Register of Deeds cannot record the plat unless it is offered within 12 months after the date of the last approval of the plat and within 36 months after the first approval.[5]
[5]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
E. 
Copies. The subdivider shall file eight copies of the final plat with the Village Clerk-Treasurer for distribution to the approving agencies, affected sanitary districts, and other affected agencies for their files.
F. 
Partial platting. The final plat may, if permitted by the Village Board, constitute only that portion of the approved preliminary plat which the subdivider proposes to record at the time.
A. 
Use of certified survey map.
(1) 
A certified survey map, prepared and recorded in accordance with § 236.34, Wis. Stats. and the requirements of this section, and having been approved by the Village 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:
(a) 
The division or consolidation is of any lot, outlot, parcel, or other lands previously approved by the Village 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
(b) 
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.
(2) 
In the event a proposed land division does not meet the above requirements, the proposed land division must be pursued as a subdivision plat.
(3) 
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 VII (Design Standards), Article VI (Required Public Improvements), and Article VIII (Park and Public Land Dedications) when a certified survey map is used. A certification of the approval of the certified survey map by the Village Board shall be inscribed legibly on the face of the map. A certificate of the Village Clerk-Treasurer stating that there are no unpaid special assessments or taxes on the lands shall be included on the certified survey map.
(4) 
The applicant for a land division shall file five acceptable reproductions of a certified survey map and a written application requesting approval with the Village Clerk-Treasurer.
B. 
Referral to plan commission. The Village Clerk-Treasurer shall, within two normal work days after filing, transmit the copies of the map and letter of application to the Plan Commission.
C. 
Review by other Village agencies. The Village Clerk-Treasurer shall transmit a copy of the map to the Village Engineer, Village Attorney, and to all affected Village boards, commissions or departments for their review and recommendations concerning matters within their jurisdiction. Their recommendations shall be transmitted to the Village Board within 10 days from the date the map is filed. The map shall be reviewed by the Village 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.
D. 
Review and approval. The Village Board shall approve, approve conditionally and thereby require resubmission of a corrected certified survey map or reject such certified survey map within 90 days from the date of filing of the map unless the time is extended by agreement with the applicant. If the map is rejected, the reason shall be stated in the minutes of the meeting and a written statement forwarded to the applicant. If the map is approved, the Village Board shall cause the Village Clerk-Treasurer to so certify on the face of the original map and return the map to the applicant.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
E. 
Recordation.
(1) 
The applicant shall file a copy of the approved certified survey map together with the approving resolution with the County Register of Deeds within six months after the date of the last approval of the map and within 24 months after the first approval of the map. All recording fees shall be paid by the applicant.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(2) 
No building permits shall be issued and no improvements shall be made until the certified survey is recorded and a document recording number is filed with the Building Inspector.
F. 
Reapprovals. Submittals of previously approved certified survey maps for replatting or reapproval by the Village Board shall be in accordance with § 377-14.
A. 
Except as provided in § 70.27(1), Wis. Stats., when it is proposed to replat a recorded subdivision, or part thereof, so as to change the exterior boundaries of a recorded subdivision, or part thereof, the subdivider or person wishing to replat shall vacate or alter the recorded plat as provided in §§ 236.40 through 236.44 of the Wisconsin Statutes. The subdivider or person wishing to replat shall then proceed, using the approval procedures for preliminary and final plats prescribed in this article.
B. 
Whenever a preliminary plat for a replat is filed, the Village Board shall schedule and hold a public hearing before it acts on the plat. Notices of the proposed replat and public hearing shall be published and mailed to adjacent property owners following the same procedures as found in § 377-11B.
C. 
Whenever an approved final plat is submitted for reapproval within six months of the initial resolution approving the plat, and which is substantially in conformance with the approved plat, and which has not been recorded with the Register of Deeds, said plat shall be reapproved by the Village Board. No final plats shall be reapproved by the Village Board following the expiration of the six-month period. Such plats shall be submitted as a new plat. All previous approvals shall be null and void and shall have no further bearing on the subsequent review and approval of the plat by the Village.