[Amended 12-16-2019 by Ord. No. 2019-18]
Before filing a preliminary plat or certified survey map (minor
land division), the subdivider is encouraged to consult with the Plan
Commission for advice regarding general subdivision requirements.
Information on meeting dates, agenda deadlines, and filing requirements
may be obtained from the Village Clerk. 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, and duly adopted Comprehensive Plan implementation
devices of the Village and to otherwise assist the subdivider in planning
the development. In so doing, both the subdivider and planning agency
may reach mutual conclusions regarding the general program and objectives
of the proposed development and its possible effects on the neighborhood
and community. The subdivider will gain a better understanding of
the subsequent required procedures.
[Amended 12-15-2014 by Ord. No. 2014-13]
A. Filing requirements.
(1) The subdivider shall prepare a final plat and a letter of application
in accordance with this chapter and shall file one paper and one electronic
copy of the plat and the application with the Village Clerk at
least 15 days prior to the meeting of the Plan Commission at which
action is desired. The owner or subdivider shall file one paper and
one electronic copy of the final plat not later than 36 months after
the date of 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 application. A written transmittal
letter shall identify all substantial changes that have been made
to the plat since the approval of the preliminary plat.
[Amended 6-15-2015 by Ord. No. 2015-02; 12-16-2019 by Ord. No. 2019-18]
(2) The subdivider shall, within two days after filing with the Village,
transmit two copies to the Plat Review Program, Wisconsin Department
of Administration (WisDOA), and two copies to the Wisconsin Department
of Transportation (WisDOT), if the subdivision abuts or adjoins a
state trunk highway or a connecting street, and two copies to the
State Department of Safety and Professional Services (WisDSPS) if
the subdivision is not served by public sewer and a provision for
that service has not been made. The subdivider shall file with the
Village Clerk an affidavit indicating that the plat fully
complies with the requirement of filing with WisDOA, WisDOT and WisDSPS,
which are considered to be objecting agencies.
[Amended 6-15-2015 by Ord. No. 2015-02; 12-16-2019 by Ord. No. 2019-18]
(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),
Wis. Stats.
(4) Simultaneously with the filing of the final plat or map, the owner
shall file with the Village Clerk one paper and one electronic
copy of plans and specifications of public improvements required by
this chapter and a signed copy of the subdivider's agreement as may
be required by this chapter.
[Amended 12-16-2019 by Ord. No. 2019-18]
(5) The Village Clerk shall refer two copies of the final plat
to the Plan Commission, 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 shall
also refer final plans and specifications for public improvements
required by this chapter to the Village Engineer for review.
[Amended 12-16-2019 by Ord. No. 2019-18]
B. Village staff review.
(1) A professional engineer, a planner, or another person charged with
the responsibility to review plats shall provide the Plan Commission
and Village Board with his or her conclusions as to whether the final
plat conforms substantially to the preliminary plat and with his or
her recommendation on approval of the final plat.
(2) Village staff may only recommend approval of the final plat upon a determination that all required public and private improvements have been provided as set forth in §
495-23.
(3) 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 the final plans
and specifications of public improvements for technical details and,
if he/she finds them satisfactory, shall so certify in writing to
the Plan Commission. If the plat, map, or the plans and specifications
are not satisfactory, the Village Engineer shall return them to the
owner and so advise the Plan Commission.
C. Plan Commission review.
(1) 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 applicable ordinances,
rules, regulations, comprehensive plans which may affect it and shall
recommend approval, conditional approval, or rejection of the plat
to the Village Board. The recommendations of the Plan Commission shall
be made within 30 days of the filing of the final plat.
(2) The Plan Commission may only recommend approval of the final plat upon a determination that all required public and private improvements have been provided as set forth in §
495-23.
(3) The objecting agencies shall, within 20 days of the date of receiving
their copies of the final plat, notify the subdivider and all other
approving and objecting agencies of any objections. If there are no
objections, they shall so certify on the face of the copy of the plat
and shall return that copy to the Village. If an objecting agency
fails to act within 20 days, it shall be deemed to have no objection
to the plat.
(4) 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 or may extend the time for submission of the
final plat.
(5) The Plan Commission shall, within 30 days of the date of filing of
the final plat with the Village Clerk, recommend approval, conditional
approval, or rejection of the plat and shall transmit the final plat
and application, along with its recommendations, to the Village Board.
The Plan Commission may hold the matter in abeyance if there is incomplete
or inadequate information.
[Amended 12-16-2019 by Ord. No. 2019-18]
D. 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, 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 certifies on the
face of the plat that the copies were forwarded to objecting agencies
as required herein, the date thereof and that no objections have been
filed within 20 days or, if filed, have been met.
[Amended 12-16-2019 by Ord. No. 2019-18]
(2) The Village Board may only approve the final plat upon a determination that all required public and private improvements have been provided as set forth in §
495-23.
(3) 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
clerk of any municipality whose boundaries are within 1,000 feet of
the final plat.
(4) 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.
E. Recording. After the final plat has been approved by the Village
Board, the Village Clerk shall cause the certificate inscribed
upon the plat attesting to such approval to be duly executed and the
plat returned to the subdivider for recording with the 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.
[Amended 12-16-2019 by Ord. No. 2019-18]
F. Copies. The subdivider shall file one paper and one electronic copy
of the final plat with the Village Clerk for distribution
to the approving agencies, affected sanitary districts, and other
affected agencies for their files.
[Amended 12-16-2019 by Ord. No. 2019-18]
G. 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.
[Amended 12-15-2014 by Ord. No. 2014-13]
A. Generally. When it is proposed to divide land into not more than
four parcels or sites, or when it is proposed to divide a block, lot,
or outlot into not more than four parcels or sites within a recorded
subdivision plat without changing the boundaries of said block, lot,
or outlot, the subdivider shall subdivide by use of a certified survey
map. Additionally, in accordance with § 236.34(1)(ar), Wis. Stats.,
a certified survey map shall be used for the division of land into
10 or fewer parcels or lots, not including outlots, for land located
in, or concurrently to be rezoned as, BP (Business Park), LI (Light
Industrial), GI (General Industrial) and PD (Planned Development),
provided the Plan Commission determines the land division is consistent
with an overall development plan for the subject property as approved
by the Plan Commission, upon recommendation of the Plan Commission.
In the event a proposed land division does not meet the above requirements,
the proposed land division must be pursued as a subdivision plat.
A certified survey map, prepared by a professional land surveyor,
shall comply with the requirements of § 236.34, Wis. Stats.,
as well as all requirements set forth in this chapter.
[Amended 6-15-2015 by Ord. No. 2015-02; 2-17-2020 by Ord. No. 2020-05]
B. Land to be included in survey. The certified survey map shall include
the entire lot, parcel, or tract of land being divided, except that
the Village Board may upon petition allow the subdivider to exclude
any remainder that is more than 40 acres.
C. Applicable requirements. The subdivider shall comply with all requirements
of this chapter, including but not limited to Article VII (Design
Standards), Article VI (Required 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 stating that there are
no unpaid special assessments or taxes on the lands shall be included
on the certified survey map.
[Amended 12-16-2019 by Ord. No. 2019-18]
D. Conceptual review procedure. The following steps shall be used in
the review of a conceptual certified survey map:
(1) Presubmittal meeting. Before submitting an application, the subdivider
is encouraged to meet with the Zoning Administrator and other Village
officials to review applicable zoning and land division requirements.
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, and duly adopted Comprehensive Plan implementation
devices of the Village and to otherwise assist the subdivider in planning
the development.
(2) Submittal. The subdivider shall submit a completed application and
the conceptual certified survey map in the number requested by the
Village Clerk along with the application fee as may be set
by the Village Board.
[Amended 12-16-2019 by Ord. No. 2019-18]
(3) Review by other Village agencies. The Village Clerk shall
transmit a copy of the map to the Village Engineer, Village Attorney,
Village Zoning Administrator 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 Plan Commission within 10 days from the date the map is filed.
[Amended 12-16-2019 by Ord. No. 2019-18]
(4) Review by Plan Commission. The Plan Commission shall review the conceptual
certified survey map at a regular or special meeting and shall approve
the conceptual survey map, approve the map with conditions, or deny
the map. If the map is denied, the reason shall be stated in the minutes
of the meeting and a written statement forwarded to the applicant.
E. Final review procedure. After conceptual concurrence has been granted
by the Plan Commission, the subdivider shall prepare a final certified
survey map consistent with § 236.34, Wis. Stats., and this
chapter and submit it for review at least 25 days prior to the meeting
at which time certified survey map approval is requested. The following
steps shall be used in the review of a final certified survey map:
(1) Submittal.
The subdivider shall submit a completed application and the final
certified survey map in the number requested by the Village Clerk along
with the application fee as may be set by the Village Board.
[Amended 12-16-2019 by Ord. No. 2019-18]
(2) Referral
to Plan Commission. The Village Clerk shall, within two
normal workdays after filing, transmit the copies of the application
and map to the Plan Commission.
[Amended 12-16-2019 by Ord. No. 2019-18]
(3) Review
by other Village agencies. The Village Clerk shall, within
two normal workdays after filing, transmit a copy of the map to the
Village Engineer, Village Attorney, Village Zoning Administrator,
and to all affected Village boards, commission or departments for
their review and recommendations concerning matters within their jurisdiction.
Their recommendations shall be transmitted to the Plan Commission
within 10 days from the date the map is filed.
[Amended 12-16-2019 by Ord. No. 2019-18]
(4) Plan
Commission recommendation. The Plan Commission shall, within 30 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 Village Board.
(5) Village Board decision. The Village Board shall approve, approve conditionally, 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 to so certify on the face of the original map and return the map to the applicant. The Village Board may only approve the certified survey map upon a determination that all required public and private improvements have been provided as set forth in §
495-23.
[Amended 12-16-2019 by Ord. No. 2019-18]
F. Recording. The applicant shall offer for record a copy of the approved
certified survey map to the Register of Deeds within 12 months of
the date of the last approval and within 36 months after the date
of the first approval. All recording fees shall be paid by the subdivider.
[Amended 6-15-2015 by Ord. No. 2015-02]
G. Building permits. No building permits shall be issued until the certified
survey is recorded and a document recording number is filed with the
Village Building Inspector.
H. Reapprovals. Submittals of previously approved certified survey maps for replatting or reapproval by the Village Board shall be in accordance with §
495-14.
[Amended 11-3-2014 by Ord. No. 2014-12; 12-15-2014 by Ord. No. 2014-13; 6-15-2015 by Ord. No. 2015-02; 8-19-2019 by Ord. No. 2019-07; 5-17-2021 by Ord. No. 2021-05]
A. Application required. No person, firm, or corporation shall divide
any land located within the Village's extraterritorial review
area without first filing an application with the Village for, and
receiving Village approval of, a certified survey map and/or preliminary
and final plat.
B. Preapplication procedure. Before filing an application for approval of a certified survey, the subdivider shall consult with the Plan Commission and shall prepare a preliminary sketch for review and approval and complete an environmental assessment checklist (see §
495-17). This procedure will assist the applicant in appraising the objectives of these regulations, the Comprehensive Plan, Official Map and other pertinent Village ordinances. The preapplication information shall be submitted to the Plan Commission for review and approval 15 days prior to the meeting at which the application will be considered.
C. Review policies. The following policies shall govern the Village
in reviewing divisions of land within the Village's extraterritorial
review area:
(1) The minimum lot size shall be one acre. A smaller lot size may be
allowed if also approved by the respective Town Board. The maximum
lot size shall be 100,000 square feet, except for lots to remain undeveloped
in farmland or natural area.
(2) Before final approval by the Village of any plat located outside
the corporate limits of the Village but within its extraterritorial
review area, the subdivider shall give evidence that he/she has complied
with all street and utility improvement requirements of the town in
which the land being platted is located.
(3) For land divisions by certified survey map, the procedure for approval by the Village shall be as specified in §
495-13. The Village may require approval of the certified survey map by the pertinent Town Board before acting as specified under this section.
(4) All land divisions are subject to the land preservation or dedication
requirements of this chapter. This specifically means the following:
(a)
Any public right-of-way area identified on the Village Comprehensive
Plan or Official Map shall be dedicated in conformance with requirements
of this chapter.
(b)
Any waterway or stormwater management area identified in the
Village Comprehensive Plan or Official Map shall be dedicated in conformance
with requirements of this chapter.
(c)
For any lands falling within the limits of an environmental corridor, as mapped by the Village of East Troy or by county planning agencies, the developer will be required to record a public open space easement specifying that the use shall be consistent with conservancy area zoning in Chapter
510, Zoning, of this Code.
(5) Land divisions shall meet all of the design standards in Article
VII of this chapter, where applicable. Upon petition, the Village Board, upon Plan Commission recommendation, may on a case-by-case basis exempt one or more of the proposed lots from one or more of the specific standards in §
495-46 relating to the design of lots.
(6) Land divisions by certified survey shall follow erosion control plans
in compliance with this chapter.
(7) The Village Board may require placement of covenants or deed restrictions
that are deemed necessary and appropriate by the Plan Commission to
protect the purpose and intent of the Village's plan and ordinances.
Any such restrictions shall be placed on the face of the certified
survey map from which the lot or lots were created.
(8) The plat or certified survey map shall include those portions of
the entire original parcel of land on which any new lots or parcels
are created.
(9) In all cases, the time period within which action is required shall
not begin until the Town Board, pertinent county reviewing officials,
and the Village of East Troy have received all maps, drawings, and
data required for plat approval, applications have been completed,
and fees have been paid.
[Added 11-3-2014 by Ord.
No. 2014-11]
A. Generally.
In every situation, regardless of circumstances, that a property owner
seeks to convey land in a manner that would adjust a lot line or create
or eliminate a lot line, and that conveyance does not require a certified
survey map or subdivision plat pursuant to this chapter, and where
an adjacent property owner intends to acquire such interest in land,
the proposed conveyance shall be submitted to the Zoning Administrator
for review before the conveyance documents are signed and before the
conveyance is recorded in the office of the Walworth County Register
of Deeds.
B. Review
procedure. The general steps outlined below shall be used to review
an application for a sale or exchange between adjoining landowners:
(1) Presubmittal
meeting. Before submitting an application, the applicant or the applicant's
agent may meet with the Zoning Administrator to review applicable
regulations and procedures and the proposed transfer.
(2) Submittal
of application materials. The applicant shall submit a completed application
and other required materials to the Zoning Administrator along with
the application fee set forth in the fee schedule adopted from time
to time by the Village Board.
(3) Staff
review. Within 10 days of submittal, the Zoning Administrator shall
either determine that the application is incomplete and notify the
applicant, in writing, of any deficiencies or make a decision based
on the decision criteria contained in this section to approve the
application, approve the application with conditions, or deny the
application. The Zoning Administrator shall take no further steps
to process the application until the deficiencies are remedied. The
incomplete application shall be retained as a public record.
(4) Applicant
notification. Within 15 days following his or her decision to approve
or deny the application, the Zoning Administrator shall mail the decision
notice to the applicant by regular mail.
(5) Public
record copy. A duplicate copy of the decision notice shall be retained
as a public record.
C. Review
criteria. The review by the Zoning Administrator, and by the Plan
Commission on appeal, shall be limited to considering whether the
conveyance is in compliance with § 236.45(2)(am)3, Wis.
Stats., and the applicable laws cited therein, including these regulations,
the Village's zoning regulations, and other applicable laws and ordinances.
Such conveyance can only be approved if the same number of lots exist
prior to the conveyance as would exist after the conveyance. Such
conveyance can only be approved if the resulting lots would all be
both legal and conforming, even if any such lots are legal nonconforming
prior to the conveyance, because the conveyance creates new lots which
do not predate the ordinance and therefore have no legal nonconforming
rights. Such conveyance must not be approved if the conveyance includes
land that has a legal nonconforming use, because the legal nonconforming
rights are limited to use of the preexisting lot. Such conveyance
shall not be approved if any of the resulting lots and the existing
improvements on the lots would be in violation of applicable open
space requirements. Such conveyance shall not be approved if the conveyance
would make an existing conforming structure illegal or nonconforming
or would increase the extent of any preexisting legal nonconformity
of an existing structure.
D. Expiration
of approval. An approval granted under this section shall automatically
expire 12 months after the date of issuance if the transaction has
not been recorded in the Walworth County Register of Deeds office.
E. Appeal.
An aggrieved person may appeal the Zoning Administrator's final decision
by filing an appeal with the Plan Commission within 30 days of such
decision. Following the final decision of the Plan Commission, an
aggrieved person may appeal such decision by filing an appeal with
a court of competent jurisdiction within 30 days of the final decision.
[Added 12-15-2014 by Ord.
No. 2014-13]
A. Generally.
If the Village Board approves a division of land, condominium plat,
or replat that involves the installation of public and/or private
improvements or if the Village's approval requires a subdivider's
agreement, the subdivider shall provide a subdivider's agreement to
the Village Board and obtain approval of the same prior to any land
altering activity or as otherwise stipulated in the approval.
B. Village
costs. The subdivider is responsible for reimbursing the Village for
all costs it incurs in the review and approval of a subdivider's agreement,
including work performed by Village staff or any consultant or contract
employee retained by the Village.
C. Amendment.
Once a subdivider's agreement is accepted by the subdivider and the
Village Board, such agreement may only be amended with the approval
of both parties.
D. Public
record. Although a subdivider's agreement is a private contract between
two parties, it is considered a public document.
E. Model
agreement. The Village Administrator, Village Attorney, and Village
Engineer are authorized to jointly develop a model subdivider's agreement
for projects in the Village of East Troy that is consistent with the
provisions of this chapter and may make revisions to such agreement
from time to time as may be needed to address changes in this chapter,
state law, or best practices. The Village Clerk shall maintain
the most current version and provide copies to subdividers and others
upon request.
[Amended 12-16-2019 by Ord. No. 2019-18]