When it is proposed to divide land into 10 or more lots or building
sites by successive division, the subdivider shall subdivide in accordance
with the following procedures:
A.
The subdivider shall have an initial consultation with the Town Plan
Commission and any other people deemed necessary, including a sanitary
district representative, Town Planner/Engineer, or County staff, before
proceeding with platting procedures. The petitioner will be asked
to submit a concept plan and meet with the Plan Commission on the
site proposed for platting. The purpose of this consultation is to
review the site together with the petitioner and establish the parameters,
regulations and policies regarding the following issues:
(1)
The suitability of the site for development;
(2)
The accessibility of the site;
(3)
The availability of public facilities (sewer, school, parks, water,
etc.) and public services (police, fire, etc.);
(4)
Soil conditions and drainage patterns;
(5)
The effect of the proposed development on any contemplated improvements;
(6)
Zoning of the site and regulations that apply;
(7)
Required public improvements; and
(8)
Consistency with the Town's Land Use Plan.
B.
The subdivider shall submit a concept plan on a topographic survey
map indicating the nature of the above conditions. The initial concept
plan should take into account the intent of this chapter as well as
any other reviewing agencies' comments obtained in contacts with the
appropriate agencies. Additional meetings may be required if the concept
plan needs to be significantly altered to meet the criteria identified
in this chapter.
C.
The concept plan will be reviewed as it relates to:
(1)
Topography, based on a USGS quadrangle map;
(2)
The improvements, designs, dedications, or reservations required
by this chapter;
(3)
Continuity to existing development within 300 feet of all boundaries;
(4)
Regulations as set down by Ch. 236, Wis. Stats.;
(5)
Consistency with the Town's Land Use Plan and any other Town ordinances
and policies;
(6)
An appropriate amount of conservation area based upon the zone in
which it is located;
(7)
For property within a Town Sanitary District, the proposed plat must
be consistent with the Sanitary District's plans for providing sanitary
sewer service, as determined by the Town Sanitary District, or in
areas not served by public sanitary sewer, Winnebago County will issue
permits for private sanitary sewer systems.
As part of the final plat submission, the Town requires the
subdivider to provide a developer's agreement. An example of a developer's
agreement is available from the Town Zoning Administrator. Such an
agreement must be approved by the Town Board during the final plat
review process. The petitioner will be obligated to pay all legal
and professional fees associated with the Town's review and approval
of the developer's agreement. Any fees that are part of the developer's
agreement shall be paid prior to Town approval of the final plat.
A.
At least 30 days prior to the Plan Commission meeting, the subdivider
shall file with the Town Zoning Administrator the following items
for preliminary plat review:
(1)
Five full-size copies of a twenty-four-inch by thirty-six-inch scaled
preliminary plat, plus one additional full-size copy for the City
of Oshkosh or City of Neenah if the plat lies within one of the cities'
extraterritorial plat review jurisdiction (within three miles of Oshkosh
or Neenah).
(2)
An eleven-inch by seventeen-inch or eight-and-one-half-inch by eleven-inch
copy of the map for copying purposes.
(3)
Application form (available from the Town Clerk or Zoning Administrator).
(4)
A filing fee (on record in the Town Clerk's office).
B.
Said filing must occur with the Town Zoning Administrator at least
30 days prior to the Plan Commission meeting. The subdivider should
also file a copy with the utility companies (sanitary districts, if
applicable, power company, telephone company, and cable company) having
jurisdiction over the subject area so that required easements can
be determined. A subdivision within a sanitary sewer service district
and sewer service area must include district sanitary sewer service.
A subdivision in a sanitary district but not in the sewer service
area shall include a statement on the face of the plat that homeowners
must connect to sanitary sewer, at their own expense, once it is installed
in an abutting street right-of-way. This statement shall also be a
separate recorded document and shall apply to future owners of the
lots that are listed in the document.
C.
Response from utility companies shall be submitted for informational
purposes to the Town Zoning Administrator when the preliminary plat
is filed.
D.
Within 10 working days after filing, the Town Zoning Administrator
shall transmit the following copies (as provided by the applicant):
(1)
Five eleven-inch by seventeen-inch copies to the Plan Commission.
(2)
One full-size copy to the City of Oshkosh or Neenah if within the
affected City's extraterritorial plat review area.
(3)
Three full-size copies to the Town Board.
(4)
One full-size copy for meeting display and Clerk's copy.
(5)
One full-size copy to the East Central Regional Planning Commission.
(6)
One full-size copy to the Town Engineer/Planner.
E.
The subdivider (developer) will be responsible for submitting the
required copies to Winnebago County and state agencies that are responsible
for reviewing the preliminary plat according to § 236.12,
Wis. Stats. A copy of the transmittal letter shall be forwarded to
the Town Zoning Administrator. State review comments returned to the
subdivider shall be forwarded to the Town Zoning Administrator for
inclusion in the Town's review. If no objections were made by state
reviewing agencies, the subdivider is supplied with a state-certified
copy. The subdivider must provide the Town with a copy of the state
certification, indicating no objections were found. If an objecting
agency fails to act within 30 days, it shall be deemed to have no
objection to the plat.
F.
The preliminary plat shall be reviewed by the Plan Commission for
conformance with this chapter and all other ordinances, rules, regulations,
and the Town Land Use Plan. The preliminary plat shall then be forwarded
to the Town Board with a recommendation for approval or rejection.
The Town Board is hereby designated as approving authority for all
preliminary plats.
G.
Within 90 days of the date of filing the preliminary plat with the
Town Zoning Administrator (unless time is extended by mutual consent
with the applicant), the Town Board shall approve, approve conditionally,
or reject such plat, in accordance with § 236.11(1), Wis.
Stats. Failure of the Town Board to act within 90 days shall constitute
an approval. One copy of the plat shall be returned to the subdivider
with the date and action endorsed thereon. If approved conditionally
or rejected, a letter setting forth the conditions of approval or
the reasons for rejection shall accompany the plat. A copy of the
plat and letter shall be filed in the Town Zoning Administrator's
office.
H.
Approval or conditional approval of the preliminary plat by the Town
Board shall be deemed an expression of approval or conditional approval
of the proposed subdivision. If the final plat conforms substantially
to the preliminary plat as approved, including any conditions of that
approval, and to Town plans and ordinances, the Town shall approve
the final plat if submitted within 24 months of the last required
approval of the preliminary plat.
I.
Because Winnebago County has the authority to review any subdivision
within the Town, the subdivider shall comply with the most restrictive
requirements of either the Town or County. If either the County or
Town deems conditions to be unclear, a joint meeting could be requested
by either entity to clarify the most restrictive conditions.
J.
Approval or conditional approval of a preliminary plat does not constitute
or bind the Town of Vinland to automatic approval of the final plat.
A.
At least 30 days prior to the Plan Commission meeting, the subdivider
shall file with the Town Zoning Administrator, the following items
for the final plat review:
(1)
One original copy and five copies of a twenty-four-inch by thirty-six-inch
scaled final plat, plus one additional full-size copy for the City
of Oshkosh or City of Neenah, if the plat lies within one of the Cities'
extraterritorial plat review jurisdiction (within three miles of Oshkosh
or Neenah).
(2)
An eleven-inch by seventeen-inch or eight-and-one-half-inch by eleven-inch
copy of the map for copying purposes.
(3)
Application form (available from the Town Clerk or Zoning Administrator).
(4)
A filing fee (on record in the Town Clerk's office).
(5)
A developer's agreement.
B.
Within 10 working days after filing, the Town Zoning Administrator
shall transmit the following copies (as provided by the applicant):
(1)
Five eleven-inch by seventeen-inch copies to the Plan Commission.
(2)
One full-size copy to the City of Oshkosh or City of Neenah (if within
the City's extraterritorial plat review area).
(3)
Three full-size copies to the Town Board.
(4)
One full-size copy to the Town Attorney.
(5)
One full-size copy for meeting display and Clerk's copy.
(6)
One full-size copy to the East Central Regional Planning Commission.
(7)
One full-size copy to the Town's designated Engineer.
C.
The subdivider (developer) will be responsible for submitting the
required copies to Winnebago County and state agencies that are responsible
for reviewing the final plat according to § 236.12, Wis.
Stats. State review comments returned to the subdivider shall be forwarded
to the Town Zoning Administrator for inclusion in the Town's review.
If no objections were made by state reviewing agencies, the subdivider
is supplied with a state-certified copy. The subdivider must provide
the Town with a copy of the state certification, indicating no objections
were found. If an objecting agency fails to act within 30 days, it
shall be deemed to have no objection to the plat.
D.
The final plat may, if permitted by the Town Board, constitute only that portion of the approved preliminary plat that the subdivider proposes to record at that time, with any conditions of approval. If the final plat is not submitted within 24 months of the last required approval of the preliminary plat, the Town Board may refuse to approve the final plat and may require the subdivider to resubmit a preliminary plat subject to § 361-22, unless the Town and land developer can reach an agreement as to extending the approval time.
E.
Following a recommendation from the Plan Commission, the Town Board
shall, within 60 days of the date of filing the original final plat
with the Clerk, approve or reject such plat in accordance with § 236.11(2),
Wis. Stats., 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 with a copy to the Plan Commission. The Town Board
may not approve the final plat unless the 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.
F.
Failure of the Town Board to act within 60 days, with no time extensions,
and no unsatisfied objections having been filed shall cause the plat
to be approved [§ 236.11(2), Wis. Stats.].
Following final plat approval by the Town Board and required
improvements either installed or a developer's agreement and sureties
ensuring completion of installation are executed and filed, the Town
Zoning Administrator shall cause the certificate to be inscribed upon
the plat. The plat must be recorded in the Winnebago County Register
of Deeds office within six months after the date of the last approval
of the plat and within 24 months after the first approval.
