[HISTORY: Adopted by the Village Board of the Village of Grafton 5-2-2022 by Ord. No. 004-2022.[1] Amendments noted where applicable.]
[1]
Editor's Note: This ordinance also repealed former Ch. 18, Subdivisions, adopted as Title 18 of the 1979 Code, as amended.
Prior to filing an application for approval of a preliminary subdivision plat, condominium plat, or certified survey map, the subdivider shall consult with the Community Development Director and other applicable Village staff in order to obtain their advice and assistance. A concept plan of the proposed subdivision, condominium, or certified survey map shall be provided by the applicant to staff. The concept plan may also be reviewed by the Plan Commission. This consultation and/or meeting is intended to inform the subdivider of the purpose and objectives of these regulations, the Comprehensive Plan or components thereof, and duly adopted plan implementation ordinances of the Village and to otherwise assist the subdivider in planning the development. In so doing, both the subdivider and Village staff may reach mutual conclusions regarding the general objectives of the proposed development and its possible effects on the neighborhood and community, and the subdivider will gain a better understanding of the subsequent required procedures.
A. 
Before submitting a final plat for approval, the subdivider shall prepare a preliminary plat and complete an application. The preliminary plat shall be prepared in accordance with this title. The subdivider shall submit the following with the Community Development Director at least four weeks prior to the meeting of the Plan Commission at which action is desired: an adequate number of copies and an electronic copy, as determined by the Community Development Director, of the plat for distribution in accordance with this section; the completed application; and the preliminary plat review fee.
B. 
All preliminary plats shall show the following:
1. 
Title under which the proposed subdivision is to be recorded.
2. 
Legal description and general location of proposed subdivision and relative location to a nearby municipality.
3. 
Date, scale, and North arrow.
4. 
Names and addresses of the owner, subdivider, and land surveyor preparing the plat.
5. 
Entire area contiguous to the proposed plat owned or controlled by the subdivider shall be included on the preliminary plat, even though only a portion of said area is proposed for immediate development. The Village Plan Commission may waive this requirement where it is unnecessary to fulfill the purposes and intent of this title, and undue hardship would result from strict application.
6. 
Exterior boundaries of the proposed subdivision shall show the approximate length and bearing referenced to a corner established in the U.S. Public Land Survey and the total acreage encompassed thereby.
7. 
Contours at vertical intervals of not more than two feet where the slope of the ground surface is less than 10% of not more than five feet where the slope of the ground surface is 10% or more. Elevations shall be marked on such contours based on mean sea level datum or where, in the judgment of the Village Plan Commission, undue hardship would result because of the remoteness of the parcel from a mean sea level reference elevation, other datum may be used.
8. 
Water elevations of adjoining lakes and streams at the date of the survey, including approximate high and low water elevations. All elevations shall be referred to as the United States Army Corps of Engineers datum.
9. 
Location, rights-of-way widths and names of all existing and proposed 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.
10. 
Location and names of any adjacent subdivisions, parks, schools, cemeteries, and owners of record of abutting unplatted lands.
11. 
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 centerline elevations, all to the datum used for the contours.
12. 
Location, size, and invert elevation of any existing sanitary or storm sewers, culverts, and drain pipes, the location of manholes, catch basins, hydrants, power and telephone poles, 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 sewer or water mains are located on or immediately adjacent to the tract, the nearest such sewer(s) or water main(s) which might be extended to serve the tract shall be indicated by their direction and distance from the tract, size, and invert elevations.
13. 
Locations of all existing property boundary lines, structures, drives, streams and water courses, marshes, rock outcrops, wooded areas, railroad tracks, and other similar significant features within the tract being subdivided or immediately adjacent thereto.
14. 
Dimensions of all lots together with proposed lot and block numbers.
15. 
Location and dimensions of any sites to be reserved or dedicated for parks, playgrounds, drainage ways, or other public use, or which are to be used for group housing, shopping centers, church sites, or other nonpublic uses not requiring lotting.
16. 
Approximate radii of all curves.
17. 
Corporate limit lines.
18. 
Any proposed lake and/or stream access with a small drawing clearly indicating the location of the proposed subdivision in relation to the access.
19. 
Any proposed lake and stream improvement or relocation, and proposed filling, grading, lagooning, and dredging, and the notice of application for Wisconsin Department of Natural Resources' approval, when applicable.
20. 
The professional land surveyor preparing the preliminary plat shall certify on the face of the plat that it is a correct representation of the exterior boundaries of the proposed plat and all existing land divisions and features within and adjacent thereto; and that the surveyor has fully complied with the provisions of this title and Chapter 236 and, if applicable, Chapter 703 of the Wisconsin Statutes.
C. 
The subdivider shall comply with the requirements of Chapter 18.05, Design Standards and Required Improvements, regarding street arrangement, easements, blocks, lots, stormwater management and grading plans, street lighting, and street trees.
D. 
The subdivider shall submit stormwater and sedimentation control plans and specifications for review and approval with the preliminary plat in accordance with Village ordinances Chapter 23.01, Stormwater Management Regulations, and Chapter 23.04, Control of Construction Site Erosion.
E. 
The Village Plan Commission may require borings and soundings be made in designated areas to ascertain subsurface soil, rock, and water conditions, including depth to bedrock and depth to ground water table.
F. 
If applicable the subdivider shall also submit: (1) a draft copy of any proposed homeowners' or condominium association declarations, covenants, or other documents shall accompany the preliminary plat; and (2) a draft copy of any proposed land stewardship plan and/or documents for proper management of the common open space in condominiums or subdivisions. The proposed documents shall be subject to review by the Village.
G. 
The Community Development Director shall transmit a copy (electronic) of the preliminary plat to Ozaukee County and all relevant Village departments/staff for review and recommendations concerning matters within their jurisdiction.
H. 
Pursuant to § 236.12(2) of the Wisconsin Statutes, the subdivider shall submit an electronic or paper copy of the preliminary plat to the Director of Plat Review of the Wisconsin Department of Administration, who will prepare and forward copies of the plat at the subdivider's expense to the objecting agencies.
A. 
The objecting agencies shall, within 20 days of the date of receiving their copies of the preliminary 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 Wisconsin Department of Administration. The Department of Administration shall promptly notify the Village Clerk if such a certification is submitted by an objecting agency. If an objecting agency fails to act within 20 days, and the Department of Administration fails to act within 30 days from the date on which they received the plat, they shall be deemed to have no objection to the plat and, upon demand, the Department of Administration shall so certify on the face of the plat.
B. 
The Village Plan Commission shall promptly review the preliminary plat for conformance with this title and all applicable laws, rules, regulations, ordinances, and comprehensive plans and components of such plans. The Plan Commission shall, within 90 days of the date of filing of the preliminary plat with the Community Development Director, approve, conditionally approve, or reject the preliminary plat unless the time is extended by mutual written agreement with the subdivider.
C. 
Failure of the Plan Commission to act within 90 days shall constitute an approval of the plat as filed, unless the review period is extended by written mutual consent.
D. 
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 after the last required approval of the preliminary plat and conforms substantially to the preliminary plat, including any conditions of that approval, and to local plans and ordinances, the final plat shall be entitled to approval as provided in § 236.11(1)(b) of the Wisconsin Statutes. An approved preliminary plat shall be deemed an expression of approval or conditional approval of the layout submitted, and used as a guide to the preparation of the final plat, which will be subject to further consideration by the Plan Commission and Village Board at the time of its submission. The Village Board may extend the time for submission of the final plat. See § 18.04.03D pertaining to partial platting or phasing.
A. 
Following approval of the preliminary plat, a final plat shall be prepared in accordance with this title. The subdivider shall submit the following with the Community Development Director at least four weeks prior to the meeting of the Plan Commission at which action is desired: an adequate number of copies and an electronic copy, as determined by the Community Development Director, of the plat for distribution in accordance with this section; the completed application; and the final plat review fee. The Community Development Director shall put the final plat on the next Plan Commission meeting for consideration.
B. 
Pursuant to § 236.12(2) of the Wisconsin Statutes, the subdivider shall submit an electronic or paper copy of the final plat to the Director of Plat Review of the Wisconsin Department of Administration, who will prepare and forward copies of the plat at the subdivider's expense to the objecting agencies.
C. 
The Village Plan Commission shall examine the final plat as to its substantial conformance with the approved preliminary plat; conditions of approval of the preliminary plat; this title and all other ordinances, laws, rules, regulations, comprehensive plans or components thereof which may affect it; and shall recommend approval or rejection of the plat to the Village Board.
D. 
Partial platting. The final plat may, if permitted by the Plan Commission, constitute only that portion of the approved preliminary plat that the subdivider proposes to record at that time; however, it is required that each phase be final platted and designated as a phase of the approved preliminary plat.
A. 
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, as provided in § 236.11(1)(b) of the Wisconsin Statutes.
B. 
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 Wisconsin Department of Administration, and the Department of Administration who shall so certify on the face of the plat. The Department of Administration shall promptly notify the Village Clerk if such a certification is submitted by an objecting agency. If an objecting agency fails to act within 20 days and the Department of Administration fails to act within 30 days from the date on which they received the plat, they shall be deemed to have no objection to the plat and, upon demand, the Department of Administration shall so certify on the face of the plat.
C. 
The Village Plan Commission shall, within 45 days of the date of filing of the final plat with the Village Clerk, recommend approval or rejection of the plat and shall transmit the final plat and application along with its recommendation to the Village Board.
D. 
The Plan Commission shall, when it determines to recommend approval or rejection of a plat to the Village Board, give at least 10 days' prior written notice of its recommendation to the clerk of any municipality within 1,000 feet of the plat, but failure to give such notice shall not invalidate the plat.
E. 
The Village Board shall, in accordance with § 236.11(2) of the Wisconsin Statutes, within 60 days of the date of filing the original final plat with the Village Clerk, approve or reject such plat unless the review period is extended by written agreement with the subdivider. The Village Board may act on the plat at the same meeting at which the Plan Commission makes its recommendation. 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. One copy each of the plat and letter shall be placed in the Village Clerk's permanent file.
F. 
Failure of the Village Board to act within 60 days, the time having not been extended by mutual agreement and no unsatisfied objections having been filed, and all fees payable by the subdivider having been paid, shall constitute approval of the final plat.
G. 
After the final plat has been approved by the Village Board and the required improvements installed, the subdivider shall record the final plat with the County Register of Deeds at the subdivider's expense prior to issuance of building permits. The Register of Deeds shall not record the plat unless it is offered for recording within 12 months after the date of the last approval and within 36 months after the date of first approval, as required by § 236.25(2)(b) of the Wisconsin Statutes.
H. 
The subdivider shall file a digital file in a form acceptable to the Village and adequate copies of the recorded final plat with the Village Clerk.
A. 
When land is proposed to be divided into more than one, but less than five, parcels or building sites, inclusive of the original remnant parcel, any one of which is five acres or less in area, by a division or by successive divisions of any part of the original parcel within a five-year period; or when it is proposed to divide a block, lot, or outlot within a recorded subdivision plat into more than one, but less than five, parcels or building sites, inclusive of the original remnant parcel, without changing the exterior boundaries of the subdivision plat, or the exterior boundaries of said block, lot, or outlot, and the division does not result in a subdivision, the subdivider may divide by use of a certified survey map.
B. 
A pre-application consultation, similar to the consultation described in § 18.04.01 of this title, is required. The Community Development Director shall determine if a concept plan review by the Plan Commission is required.
C. 
The subdivider shall prepare the certified survey map in accordance with this title and shall file sufficient copies of the map, together with the appropriate fee, and the completed application with the Community Development Director at least four weeks prior to the meeting of the Plan Commission at which action is desired.
D. 
The certified survey map shall contain all information required on a preliminary plat, as specified in § 18.03.02 of this title, and § 236.34, Wis. Stats.
E. 
The subdivider shall submit two copies of the map to the Wisconsin Department of Administration for review if the provisions of § 236.34(1m)(em), Wis. Stats., apply, and to the Wisconsin Department of Transportation if the provisions of § 236.34(1m)(er), Wis. Stats., apply. Copies of the transmittal letters or emails to the Departments shall be provided to the Village at the time the map is filed with the Community Development Director.
F. 
The Community Development Director shall transmit the copies of the map and letter of application to the Plan Commission, other affected Village boards and commissions, and Ozaukee County for review and comment.
G. 
The map shall be reviewed by the Plan Commission for conformance to this title, and all other ordinances, laws, rules, regulations, and comprehensive plans and components thereof as may be applicable.
A. 
If the certified survey map includes a dedication of public right-of-way, the Village Plan Commission shall, within 60 days from the date of filing of the map, recommend approval, approval with conditions, or rejection of the map, and shall transmit the map along with its recommendations to the Village Board. If the certified survey map does not include dedication of public right-of-way, the Village Plan Commission shall take final action on the map.
B. 
The Village Board shall approve, approve conditionally and thereby require resubmission of a corrected map, or reject such map within 90 days from the date of filing of the map unless the time is extended by mutual 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.
C. 
Failure of the Village Board to act within 90 days, or any extension mutually agreed to with the subdivider, constitutes an approval of the map and, upon demand, a certificate to that effect shall be made on the face of the map by the Village Clerk.
D. 
After the certified survey map has been approved by the Village Board, the Village Clerk shall cause the certification inscribed upon the map attesting to such approval to be duly executed and the map returned to the subdivider for recording with the County Register of Deeds. The Register of Deeds shall not record the map unless it is offered for recording within 12 months after the date of the last approval and within 36 months after the first approval.
E. 
The subdivider shall file a digital file in a form acceptable to the Village and adequate copies of the recorded certified survey map with the Village Clerk. The Clerk shall distribute copies of the map to Village departments.
When the land to be divided lies within the extraterritorial plat or certified survey map approval jurisdiction of the Village in accordance with §§ 236.10(1)(b) and 236.45(3) of the Wisconsin Statutes, the subdivider shall proceed as specified in §§ 18.04.01 through 18.04.05 where applicable except: approving authorities include the Village Board, Town Board, and the County; and the subdivider must comply with the land division ordinances of the Village, Town, and County.
A. 
Vacate or alter. When it is proposed to replat a recorded subdivision, or part thereof, so as to vacate or alter areas within a plat dedicated to the public, or 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 §§ 236.36 through 236.445 of the Wisconsin Statutes. If the replat is proposing to change the boundaries of a recorded subdivision, or part thereof, the subdivider or person wishing to replat shall then proceed as specified in §§ 18.03.01 through 18.03.06 of this title.
B. 
Reconfigure. An applicant wishing to reconfigure a recorded certified survey map shall create a new certified survey map and proceed as specified in Chapters 18.04 and 18.05 of this title, provided the reconfiguration does not result in a subdivision, no additional parcels are created, and no changes are made to areas previously dedicated to the public or to a restriction or easement placed on the land concerned.
C. 
Change boundaries. A certified survey map may be used to change the boundaries of lots and outlots within a recorded plat or a recorded assessor's plat under § 70.27 of the Wisconsin Statutes if the reconfiguration does not result in a subdivision. A certified survey map used to reconfigure lots within a recorded plat may not alter areas previously dedicated to the public or a restriction placed on the platted land by covenant, by grant of an easement, or by any other manner; or change the exterior boundaries of a plat.
D. 
Changes to condominium instruments, including condominium plats, shall comply with the requirements of Chapter 703 of the Wisconsin Statutes.
A. 
Condominium instruments, including condominium plats, prepared by a professional land surveyor are required to create a condominium or any amendments or expansions thereof, and are subject to Village review and approval in accordance with § 703.115 of the Wisconsin Statutes. Condominiums and associated plats shall comply with the requirements of Chapter 703 of the Statutes and the design standards, improvements, and all other requirements, as applicable, of this title that would otherwise apply to conventional subdivision plats.
B. 
Condominium instruments may not be used to create or alter lots, parcels, outlots, public streets, or other areas to be dedicated to the public. Changes to recorded condominium instruments to create, alter, or remove any condominium units, easements, restrictions, or other encumbrances on the land included in a condominium shall require Village review and approval of a correction instrument prepared in accordance with § 703.095 of the Wisconsin Statutes. In accordance with § 703.27 of the Wisconsin Statutes, condominium projects shall be subject to no more restrictive rules than noncondominium projects that are physically equivalent.