[Amended 2-21-2019 by Ord. No. 2019-01; 11-17-2022 by Ord. No. 2022-6]
Before filing a preliminary plat or certified survey map (minor
land division), the subdivider is encouraged to consult with the Planning
Commission for advice regarding general subdivision requirements.
Information on meeting dates, agenda deadlines and filing requirements
may be obtained from the Village Clerk. A sketch of the proposed plat,
or certified survey, drawn on a topographic survey map should be submitted.
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, 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.
Filing requirements. Before submitting a final plat for approval, the subdivider shall prepare a preliminary plat and a letter of application. The subdivider shall submit 21 copies of the preliminary plat, and any additional copies necessary to meet the full transmittal obligations of § 500-15. The preliminary plat shall be prepared in accordance with this chapter, and the subdivider shall file copies of the plat and the completed application packet containing all items as required by this section with the Village Clerk at least 30 days prior to the meeting of the Planning Commission at which action is desired.
[Amended 11-17-2022 by Ord. No. 2022-6]
B.
Public notice. The Village Clerk shall give notice of the Planning
Commission's review of the preliminary plat by listing it as an agenda
item in the Commission's meeting notice. The notice shall include
the name of the applicant, the address or description of the property
in question and the requested action.
[Amended 11-17-2022 by Ord. No. 2022-6]
C.
Public improvements, plans and specifications. Simultaneously with
the filing of the preliminary plat of map, the owner shall file with
the Village Clerk a general report and plan for the construction of
any public improvements required by this chapter, specifically addressing
sewer and water service feasibility, drainage facilities, traffic
patterns, typical street cross sections, erosion control plans, pavement
design and other improvements necessary in the subdivision.
[Amended 11-17-2022 by Ord. No. 2022-6]
D.
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.
[Amended 11-17-2022 by Ord. No. 2022-6]
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 Planning Commission and/or
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 limit 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 listed in § 500-8, 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 ground water table.
I.
Distribution of the plat and referral to other agencies. The Village
Clerk shall, within two days after filing, transmit:
[Amended 2-21-2019 by Ord. No. 2019-01; 11-17-2022 by Ord. No. 2022-6]
(1)
One copy to each member of the Village Planning Commission and one
copy each to the Director of Public Works, Fire Chief, Village Engineer
and Village Planner.
(2)
One copy to the Ozaukee County Director of Planning and Parks.
(3)
Two copies to the Department of Administration, Division of Intergovernmental
Relations, Plat Review Program.
(4)
Additional copies to the Department of Administration, Division of
Intergovernmental Relations, Plat Review Program for retransmission
as follows:
(a)
Two copies to the Wisconsin Department of Transportation if
the subdivision abuts or adjoins a state trunk highway or a connecting
highway;
(b)
Two copies to 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;
(c)
Two copies to the Wisconsin Department of Natural Resources
if lands included in the plat lie within 500 feet of the ordinary
high-water mark of any navigable stream, lake or other navigable body
of water, or if any shoreland areas are located within the plat.
(5)
The Village Clerk shall also transmit a copy of the preliminary plat
to all affected Village boards, commissions, or departments, Ozaukee
County Soil and Water Conservation Supervisor, and all affected local
utility companies for their review and recommendations concerning
matters within their jurisdiction.
J.
Drafting standards. The preliminary plat (or certified survey map)
submitted for review shall be based upon an accurate exterior boundary
survey by a professional 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.
A.
Comment period.
(1)
Recommendations received from any affected Village boards, commissions,
or departments, Ozaukee County Soil and Water Conservation Supervisor,
and any affected local utility companies shall be transmitted to the
Village Planning Commission for its consideration, provided they are
received by the Village Clerk within 30 days from the date the plat
was filed.
[Amended 11-17-2022 by Ord. No. 2022-6]
(2)
Comments received from the Director of Public Works, Fire Chief,
Village Engineer and Village Planner shall be transmitted to the Village
Planning Commission for its consideration, provided they are received
by the Village Clerk within 30 days from the date the plat was filed.
[Amended 11-17-2022 by Ord. No. 2022-6]
(3)
Within 20 days of receiving copies of the plat, any state or county
agency having authority to object shall notify the subdivider and
all approving or objecting authorities of any objection based upon
failure of the plat to comply with the statues or rules which its
examination is authorized to cover, except that the Department of
Administration shall have 30 days in which to act; 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, or the Department of Administration
fails to act within 30 days, it shall be deemed to have no objection
to the plat.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
B.
Planning Commission review.
(1)
The Village Planning Commission shall promptly review the preliminary
plat, after objections and comments have been received from the objecting
and reviewing agencies and officials, for conformance with this chapter
and all applicable laws, ordinances, and comprehensive plans and components
of such plans.
(2)
After review of the preliminary plat and negotiations with the subdivider
on changes deemed advisable and the kind and extent of public improvements
which will be required, the Planning Commission shall recommend to
the Village Board approval, conditional approval or rejection of the
plat. One copy of the plat shall thereupon be returned to the subdivider
with the date and action endorsed thereon and, if recommended for
conditional approval or rejection, a letter setting forth the conditions
of approval or the reasons for rejection shall accompany the plat.
One copy of each of the plat and letter shall be placed in the Village
Planning Commission's permanent file.
(3)
Prior to recommending approval, the Planning Commission shall require
that all proposed buildable lots have proper area, width and depth
to allow construction of a principal structure in conformance with
the setbacks, floor area ratio and lot coverage standards of the applicable
zoning district placed on the buildable lots.
C.
Board action. The Village Board shall be informed of the Planning
Commission's recommendation prior to its own action on the matter.
Related documentation that was provided for Planning Commission consideration
shall also be made available to the Village Board. After receipt of
the Planning Commission's recommendation, the Village Board shall,
within 90 days of the date the plat was filed with the Village Clerk,
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. One copy of
each of the plat and letter shall be placed in the Village Board's
permanent file. 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 shall communicate to the subdivider the action of the Village
Board. If the preliminary plat is approved, the Village Clerk shall
endorse it for the Village Board.
[Amended 11-17-2022 by Ord. No. 2022-6]
D.
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 36 months
of preliminary plat approval and conforms substantially to the preliminary
plat layout, the final plat shall be entitled to approval with respect
to such layout. 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 Planning Commission and Village Board at the
time of its submission.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
E.
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 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 21 copies of the plat and the completed application packet with the Village Clerk at least 30 days prior to the meeting of the Planning Commission at which action is desired. The Village Clerk shall give notice of the Planning Commission's meeting in the manner prescribed in § 500-15B. 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.
[Amended 11-17-2022 by Ord. No. 2022-6]
(2)
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., and this chapter.
(3)
Simultaneously with the filing of the final plat or map, the owner
shall file with the Village Clerk four copies of the final plans and
specifications of public improvements required by this chapter.
[Amended 11-17-2022 by Ord. No. 2022-6]
(4)
Failure to submit a final plat for approval in accordance with this
section within 36 months of preliminary plat approval shall cause
the approved preliminary plat to be considered void unless an extension
is requested in writing by the subdivider and for good cause granted
by the Village.
B.
Distribution of the plat and referral to other agencies.
(1)
The Village Clerk shall, within two days after filing, transmit:
[Amended 2-21-2019 by Ord. No. 2019-01; 11-17-2022 by Ord. No. 2022-6]
(a)
One copy to each member of the Village Planning Commission and
one copy each to the Director of Public Works, Fire Chief, Village
Engineer and Village Planner.
(b)
One copy to the Ozaukee County Director of Planning and Parks.
(c)
Two copies to the Department of Administration, Division of
Intergovernmental Relations, Plat Review Program.
(d)
Additional copies to the Department of Administration, Division
of Intergovernmental Relations, Plat Review Program for retransmission
as follows:
[1]
Two copies to the Wisconsin Department of Transportation if
the subdivision abuts or adjoins a state trunk highway or a connecting
highway;
[2]
Two copies to 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;
[3]
Two copies to the Wisconsin Department of Natural Resources
if lands included in the plat lie within 500 feet of the ordinary
high-water mark of any navigable stream, lake or other navigable body
of water, or if any shoreland areas are located within the plat.
(e)
The Village Clerkshall also transmit a copy of the final plat
to all affected Village Boards, commissions, or departments, Ozaukee
County Soil and Water Conservation Supervisor, and all affected local
utility companies for their review and recommendations concerning
matters within their jurisdiction.
(2)
The abstract of title or registered property report may be referred
to the Village Attorney for his examination and report.
(3)
The Village Clerk shall also refer the final plans and specifications
of public improvements to the Village Engineer for review. The recommendations
of the Planning Commission and Village Engineer shall be made within
45 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 finds them satisfactory,
shall so certify, in writing, to the Planning Commission. 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 Planning
Commission.
[Amended 11-17-2022 by Ord. No. 2022-6]
A.
Comment period.
(1)
Recommendations received from any affected Village Boards, commissions,
or departments, Ozaukee County Soil and Water Conservation Supervisor,
and any affected local utility companies shall be transmitted to the
Village Planning Commission for its consideration, provided they are
received by the Village Clerk within 30 days from the date the plat
was filed.
[Amended 11-17-2022 by Ord. No. 2022-6]
(2)
Comments received from the Director of Public Works, Fire Chief,
Village Engineer and Village Planner shall be transmitted to the Village
Planning Commission for their consideration, provided they are received
by the Village Clerk within 30 days from the date the plat was filed.
[Amended 11-17-2022 by Ord. No. 2022-6]
(3)
Within 20 days of receiving copies of the plat, any state or county
agency having authority to object 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, except that the Department of
Administration shall have 30 days in which to act; 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, or the Department of Administration
fails to act within 30 days, it shall be deemed to have no objection
to the plat.
[Amended 2-21-2019 by Ord. No. 2019-01]
B.
Planning Commission review.
[Amended 2-21-2019 by Ord. No. 2019-01]
(1)
The Planning 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 and Comprehensive Plan components
which may affect it and shall recommend approval, conditional approval
or rejection of the plat to the Village Board.
(2)
The Planning Commission shall, within 45 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 Planning Commission may hold the matter in abeyance if there is
incomplete or inadequate information; however it is necessary for
the Village Board to take action on the plat within 60 days of its
filing unless the time has been extended by agreement with the subdivider.
[Amended 11-17-2022 by Ord. No. 2022-6]
C.
Board action.
(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 mutual 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 (within 30 days for the Department of Administration) or,
if filed, have been met.
[Amended 2-21-2019 by Ord. No. 2019-01; 11-17-2022 by Ord. No. 2022-6]
(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
Village Clerk of any municipality within 1,000 feet of the final plat.
[Amended 11-17-2022 by Ord. No. 2022-6]
(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 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 shall not
record the plat unless it is offered within 12 months from the date
of last approval and within 36 months after the first approval, as
required in § 236.25(2)(b) of the Wisconsin Statutes. The
final plat shall only be recorded with the County Register of Deeds
after the certificates of the Wisconsin Department of Administration,
of the Village Board, of the Surveyor and those certificates required
by § 236.21 of the Wisconsin Statutes are placed on the
face of the plat.
[Amended 2-21-2019 by Ord. No. 2019-01; 11-17-2022 by Ord. No. 2022-6]
E.
Copies. The subdivider shall file eight copies 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 11-17-2022 by Ord. No. 2022-6]
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.
G.
Plats within the extraterritorial plat approval jurisdiction. When the land to be subdivided lies within 1 1/2 miles of the corporate limits of the Village, the subdivider shall proceed as specified in §§ 500-15 through 500-18 of this chapter, except:
(1)
Transmittal responsibility lies with the Village Clerk, town clerk,
or to whomever the plat is first submitted; and the subdivider shall
indicate which one in his application.
(2)
Approval agencies include the Planning Commission or Village Board
and the town board of the town within which the subdivision is located;
the subdivider shall comply with the land division ordinances of these
agencies.
(3)
After approval, the subdivider may proceed with the installation
of such improvements and under such regulations as the town board
of the town within whose limits the plat lies may require. Wherever
connection to any Village utility is desired, permission for such
connection shall be approved by the Village Board.
(4)
All improvement requirements, specified by the town board or any
special improvement district in matters over which they have jurisdiction,
shall be met before filing of the final plat.
A.
Use of certified survey map. When it is proposed to divide land into
at least two but no more than four parcels or building sites inclusive
of the original remnant parcel, or when it is proposed to create by
land division not more than four parcels or building sites within
a recorded subdivision plat without changing the exterior boundaries
of a block, lot or outlot, or when it is proposed to divide any number
of parcels greater than 1 1/2 acres in size, and the division
does not result in a subdivision as defined in this chapter, the subdivider
may effect the division by use of a certified survey map. The subdivider
shall prepare the certified survey map in accordance with this chapter
and Wisconsin Statutes and shall file 10 copies of the map and the
letter of application with the Village Clerk at least 30 days prior
to the meeting of the Planning Commission at which action is desired.
[Amended 11-17-2022 by Ord. No. 2022-6]
B.
Referral to Planning Commission. The Village Clerk shall, within
two normal work days after filing, transmit the copies of the map
and letter of application to the Planning Commission.
[Amended 11-17-2022 by Ord. No. 2022-6]
C.
Review by other Village agencies. The Planning Commission shall transmit
a copy of the map 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 Planning
Commission within 20 days from the date the map is filed. The map
shall be reviewed by the Planning Commission for conformance with
this chapter and all ordinances, rules, regulations, comprehensive
plans, comprehensive plan components and neighborhood plans. Prior
to recommending approval, the Planning Commission shall require that
all proposed buildable lots have proper area, width and depth to allow
construction of a principal structure in conformance with the setbacks,
floor area ratio and lot coverage standards of the applicable zoning
district placed on the buildable lots.
D.
Review and approval. The Planning Commission shall, within 60 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. 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 subdivider. If the map is rejected,
the reason shall be stated in the minutes of the meeting and a written
statement forwarded to the subdivider. 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 subdivider.
[Amended 11-17-2022 by Ord. No. 2022-6]
E.
Copies. The subdivider shall file five copies of the certified survey
map with the Village Clerk for distribution to the Village Engineer,
Building Inspector, Assessor and other affected departments for their
files.
[Amended 11-17-2022 by Ord. No. 2022-6]
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 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 Statues. The subdivider or person wishing to replat
shall then proceed, using the procedures for preliminary and final
plats.
B.
The Village Clerk shall schedule a public hearing before the Planning
Commission when a preliminary plat of a replat of lands within the
Village is filed, and shall cause notices of the proposed replat and
public hearing to be mailed to the owners of all properties within
the limits of the exterior boundaries of the proposed replat and to
the owners of all properties within 200 feet of the exterior boundaries
of the proposed replat.
[Amended 11-17-2022 by Ord. No. 2022-6]
C.
Where lots are more than double the minimum size required for the
applicable zoning district, the Planning Commission may require that
such lots be arranged so as to allow resubdivision of such parcels
into normal lots in accordance with the provisions of the chapter.
A condominium plat prepared by a land surveyor registered in
Wisconsin is required for all condominium plats or any amendments
or expansions thereof. Such plat shall comply in all respects with
the requirements of § 703.11 of the Wisconsin Statutes and
shall be reviewed and approved or denied in the same manner as a subdivision
plat as set forth in this chapter. Such plat shall comply with the
design standards, improvements, and all other requirements of this
chapter that would otherwise apply to subdivision plats.
