(1)
Prior to submitting an application for County approval of a land
division, it is recommended that the applicant or agent meet with
the Director. At this meeting, the applicant should inform the Director
of the location and nature of the proposed project. Based upon this
information, the Director shall explain to the applicant:
(1)
One copy of an application prepared on a form provided by the Department,
review fee, and a sketch of reasonable accuracy showing: the boundaries
of the property to be divided and the proposed layout of the access
to each parcel, including any driveways, frontage roads, or private
roads to be developed, and the proposed provision of utilities, including
any easement to each parcel, shall be submitted to the Director.
(2)
The Director may send any such application to State agencies for
advisory review and comments upon a determination that such a referral
could yield information that might be useful in the review process.
(3)
Where the Director finds that the County requires additional information
relative to a particular problem posed by the proposed subdivision,
(s)he shall have the authority to request such information in writing
from the subdivider.
(4)
The application shall be reviewed by the County Highway Commissioner and the WI Department of Transportation (DOT) for subdivisions abutting a County or State highway. A copy of the application shall be forwarded to the Highway Commissioner by the Director at the time of application for review and comment. If, within 30 days, the proposed access has not been approved or denied by the Highway Commissioner, the application may be reviewed pursuant to § 15.15(6). When access is being requested onto a State or federal highway, the provisions of TRANS 233, Wis. Adm. Code, shall be complied with.
(5)
Copies to Utility Providers. The subdivider shall provide a copy
of the proposed division to all utility providers (i.e. electric,
natural gas, telephone, cable television, telecommunications, water
and/or sewer) so that they may identify appropriate locations for
facilities and easements for consideration on the division.
(6)
The Director shall transmit a copy of the application and sketch
map to the Land Information Office for road naming or addressing review,
and the town chairperson of the town where the property is located
for review of compliance with town ordinances. The Land Information
Office and the town shall provide a response within 45 days of the
Director's transmittal. Within 90 days of the date a complete application
is submitted, the Director or designees shall approve, conditionally
approve, or disapprove the application. Where the Director finds an
application requires additional review in regard to County or town
policy, the Director will notify the applicant and may place it on
the agenda of the Committee for review.
(a)
The disapproval of an access and utility review application
may be appealed within 30 days from the date of the Director's letter
to the Committee upon written request. The Director shall place the
application on the Committee agenda and submit a copy of the agenda
to any government, agencies or utilities that are deemed to have an
interest in the proposed division.
(b)
The Committee shall, within 45 days of submission of appeal
request, review the application and map and approve, approve conditionally,
or disapprove the application and map based upon a determination of
conformity or nonconformity with the standards. A letter setting forth
the conditions of approval or the reasons for denial shall be sent
to the subdivider.
(c)
The action of the Committee on the appeal request shall be stated
in writing in the minutes of the Committee meeting and those minutes,
or an extract thereof, shall be mailed to the applicant. Failure of
the Committee to act within 45 days of the date of submission of appeal
request or within a time as extended by agreement with the subdivider
shall constitute an approval.
(1)
Minor subdivision shall be created by use of one or more certified
survey maps (CSM) per § 236.34(1), Wis. Stats. (as amended).
One copy of an application form provided by the Department, review
fee, preliminary map, and after final approval, the original CSM(s)
shall be submitted to the Director.
(2)
The CSM shall comply with the requirements of § 236.34,
Wis. Stats., and the preliminary map and application shall also include
the following requirements:
(a)
Proposed division showing with reasonable accuracy the lot layout
at a sufficient scale and date of preparation.
(b)
Names and addresses of the landowner and proposed purchaser
(if known), parcel identification number and zoning district designation
of the parcels to be divided/created, as well as density calculations.
(c)
Location of existing buildings and structures, adjoining public
or private streets and highways, parks, cemeteries, and subdivisions.
(d)
Location of the ordinary high watermark (OHWM) of navigable
water, the approximate water's edge and water elevation referenced
to an assumed or known elevation on the date of survey of any navigable
water. Also include the location of nonnavigable streams, drainage
ditches, easements, and other features. Any subdivision submitted
for County approval shall show, where practical, the OHWM wherever
the OHWM is within 75 feet of the subject parcel.
(e)
The lands lying between the meander line, established in accordance
with § 236.20(2)(g), Wis. Stats., and the water's edge,
and any otherwise unplattable lands which lie between a proposed subdivision
and the water's edge shall be included as part of lots, outlots, or
public dedications in any plat abutting a lake or stream. This subsection
applies not only to lands proposed to be subdivided but also to all
lands under option to the subdivider or in which the subdivider holds
any interest and which are contiguous to the lands proposed to be
subdivided and which abut a lake or stream.
(f)
The preliminary and final CSM shall show the extension of the
lot lines to the water's edge to define the riparian area below the
OHWM between adjoining lots, and at minimum, shall show the bearing
and approximate length of said line.
(g)
Existing or proposed lake and/or stream access (waterfront access).
(h)
Location of existing wells, POWTS components. The approximate
outline of the base of any mound or above grade POWTS component.
(i)
Location of easements or private rights of way which adjoin
or cross the property including volume, page, document number, and
stated dimensions.
(j)
Adjoining property information (volume, page, document number,
CSM#, plat, etc.) including zoning district.
(k)
The location of any documented or inventoried landfill, abandoned
or existing, within 1,200 feet of proposed subdivision.
(m)
A statement by the surveyor certifying that the requirements
of this chapter have been fully complied with.
(n)
The area of the surveyed parcel shall be shown as square feet
and acres. If the lot is on water, the preliminary and final map must
list the area above the OHWM and the area below the OHWM to the water's
edge.
(o)
Delineation and direction of slopes that exceed 25% graphically
or by topographic survey defining four foot contours or less.
(p)
Regional floodplain boundaries and the vertical contour line
which is two feet above the regional flood, as defined in Wis. Adm.
Code, NR 116, or two feet above highest known water elevation of any
body of water whose regional flood is undefined. Where floodplain
areas conflict with the Flood Insurance Rate Map (FIRM), formal changes
require copy of official Letter of Map Amendment (LOMA).
(q)
Wetland boundaries delineated by a licensed and/or certified
delineator and a copy of the delineation report shall be submitted
with the preliminary map unless waived by the Department and/or Committee.
(r)
For
all private wastewater treatment systems (POWTS) that utilize in-place
soil for treatment of disposal, a soil and site evaluation report
verifying that the vertical separation distance between the infiltration
surface of the existing treatment or dispersal component and estimated
high groundwater elevation and or bedrock complies with Chapter SPS
383, Wis. Admin. Code, unless a valid report meeting these criteria
is on file with the department.
[Amended 8-17-2021 by Res. No. 81-2021, effective 9-3-2021]
(s)
A
report provided by a licensed plumber, certified septage operator
or a POWTS inspector or other person(s) authorized to do so by Ch.
SPS 383, Wis. Adm. Code, relative to the condition, capacities, baffles
and manhole covers for any existing treatment or hold tanks.
[Amended 8-17-2021 by Res. No. 81-2021, effective 9-3-2021]
(3)
The Director may send any minor subdivision to State agencies for
advisory review and comments upon a determination that such a referral
could yield information that might be useful in the review process.
(4)
Where the Director finds that the County requires additional information
relative to a particular problem presented by the proposed subdivision,
(s)he shall have the authority to request in writing that additional
information including, but not limited to, the following be included
on the preliminary plat or the accompanying documents:
(a)
Identification of surface drainage patterns showing direction
of flow, grading plan indicating the manner and extent to which the
drainage patterns will be altered by the subdivision, development
and/or erosion control plan.
(b)
Proposed or existing deed and/or plat restrictions:
1.
All lands reserved for public purposes and/or acquisitions.
2.
Official proof of withdrawal or proof of submittal for withdrawal
from Managed Forest Law (MFL) or similar program if property being
divided is enrolled.
3.
Known documentation or research of cultural resource inventory
listings with the survey area.
(5)
The application and map shall be reviewed by the County Highway Commissioner and/or the WI Department of Transportation (WDOT) for subdivisions abutting a County, State or federal highway. A copy of the application shall be forwarded to the Highway Commissioner by the Director at the time of application for review and comment. If, within 30 days, the proposed access has not been approved or denied by the Highway Commissioner, the application may be reviewed pursuant to § 15.16(8). When access is being requested onto a State or federal highway, the provisions of Wis. Adm. Code Ch. TRANS 233, shall be complied with. A copy of the decision of the DOT shall be submitted with the request for review of a survey map.
(6)
Copies to Utility Providers. The subdivider shall provide a copy
of the proposed division to all utility providers (i.e. electric,
natural gas, telephone, cable television, telecommunications, water
and/or sewer) so that they may identify appropriate locations for
facilities and easements for consideration on the final plat.
(7)
Development of proposed land divisions may require review and permitting
by the WDNR under Wis. Adm. Code NR 151 and/or NR 216. A copy of the
permit application or evidence that such permit has been submitted
with the request for review or a survey map.
(8)
The Director shall transmit a copy of the application and map to
the Land Information Office for road naming or addressing review,
and the town chairperson of the town where the property is located
for review of compliance with town ordinances. The Land Information
Office and the town shall provide a response within 45 days of Director's
transmittal. Within 90 days of the date a complete application is
submitted, the Director or designees shall approve, conditionally
approve, or disapprove a minor subdivision. Where the Director finds
a minor subdivision application requires additional review in regard
to County or town policy, the Director will notify the applicant and
may place it on the agenda of the Committee for review.
(a)
The disapproval of a minor subdivision application may be appealed,
within 30 days from the date of Director's letter to the Committee,
upon written request. The Director shall place the minor subdivision
application on the Committee agenda and submit a copy of the agenda
to any government agencies or utilities that are deemed to have an
interest in the proposed division.
(b)
The Committee shall, within 45 days of the submission of appeal
request, review the application and map, and reasons for denial against
the applicable standards of this chapter, and approve, approve conditionally,
or disapprove the application and map based upon a determination of
conformity or nonconformity with the standards.
(c)
The action of the Committee shall be stated in writing in the
minutes of the Committee meeting and those minutes or an extract thereof
shall be mailed to the applicant. Failure of the Committee to act
within 45 days of the date of submission of appeal request or within
a time as extended by agreement with the subdivider shall constitute
an approval.
(9)
The final CSM is to be prepared and recorded in accordance with § 236.34,
Wis. Stats., (as amended) and shall note on the face of the CSM any
required restrictions, conditions set forth by the approving authority,
and any required certificates. If the final CSM conforms substantially
to the preliminary CSM as approved, including any conditions of the
preliminary approval, and to local plans and ordinances authorized
by law, it is entitled to approval. If the final CSM is not submitted
with 24 months after the last required approval of the preliminary
CSM, the Committee may refuse to approve the final CSM.
(10)
Major correction of errors on a recorded certified survey map (CSM)
shall be made by recording a correction CSM. A statement shall be
clearly placed on the face of the correction CSM indicating the volume,
page, and document number of the CSM it is correcting. The Director
shall approve a correction CSM prior to filing. The Director may allow
an affidavit to correct minor errors with the CSM.
(1)
Where it is desired to create a town, County, or State subdivision,
it is recommended the subdivider meet with the Director for a conference
prior to preparation of the preliminary plat. It is also recommended
the subdivider meet with the appropriate town board. The following
information may be submitted at the conference:
(a)
A sketch of reasonable scale and accuracy showing the boundaries
of the property being considered for division.
(b)
The proposed general layout.
(c)
A description of all contiguous lands owned by the divider.
(d)
Existing and proposed zoning for the subdivision.
(e)
Location
sketch.
[Added 8-17-2021 by Res. No. 81-2021, effective 9-3-2021]
(1)
A preliminary plat shall be created for all town, County, and State Subdivisions. A cover letter, location sketch, preliminary plat map and review fee shall be submitted to the Director. The required number of copies shall be determined by the Director pursuant to § 15.18(7)(a).
(2)
Preliminary Plat Submittal Requirements. The items outlined for a minor subdivision in § 15.16(2)(a) — (s) shall apply to town, County, and State subdivisions in addition to the following:
The preliminary plat shall be by a land surveyor registered
in Wisconsin and comply with the requirements of § 236.11,
Wis. Stats.
[Amended 8-17-2021 by Res. No. 81-2021, effective 9-3-2021]
(3)
Where the Director finds that the County requires additional information relative to a particular problem presented by the proposed subdivision, (s)he shall have the authority to request in writing that additional information outlined in § 15.16(4)(a) — (e) be included on the preliminary plat or the accompanying documents.
(4)
The surveyor preparing the preliminary plat shall certify on the
face of the plat that it is a correct representation of the features
and that they have fully complied with this chapter.
(6)
Preliminary Plat Approval Process.
(a)
The Department shall act as the agent for distribution of copies
to all objecting and approving agencies and other agencies such as
the town board of the town in which the proposed land division is
located as appropriate. State subdivisions shall be submitted to the
State for review. For County subdivisions, no transmittals to or approvals
from the State objecting agencies are needed unless required by the
Director where (s)he finds a State review to be necessary. Development
of proposed land divisions may require review and permitting by the
WDNR. A copy of the approved permit, the permit application, or evidence
that such permit will not be required shall be submitted with the
request for review of a survey map. The number of copies required
of each plat shall be determined by the "Zoning Director's Checklist
for Distribution of Plats."
(b)
The town board of the town in which the proposed land division
is located shall, within 45 days of receipt of the preliminary plat,
forward its comments on the proposed plat including its recommendation
to approve, approve conditionally, or deny. A town board may request
an extension and the extension may be granted by the Director.
(c)
The Committee, or its designee, within 90 days of the date of
filing of a complete preliminary plat and application with the Director
shall attempt to review and/or conduct an inspection of the subdivision
and approve, approve conditionally, or deny such plat. A letter setting
forth the conditions of approval or the reasons for denial shall be
sent to the divider. One copy each of the plat and letter shall be
placed in the Committee's permanent file.
(d)
Failure of the Committee to act within 90 days, or the time
as extended by agreement with the subdivider, shall constitute an
approval. The ninety-day time period shall commence with the filing
of the complete plat and application.
(e)
The Committee or approving authority shall not approve any preliminary
plat that is subject of an objection from an objecting agency.
(f)
The Director shall not place the preliminary plat on the Committee
agenda for review unless there has been a complete submittal, including
town board input, at least 15 working days prior to the required Committee
meeting date.
(7)
Final Plat. Upon approval of the preliminary plat, the subdivider
or agent shall prepare a final plat for review. The application and
review shall include the following:
(a)
A final plat prepared by a land surveyor registered in Wisconsin.
The plat shall comply with all applicable requirements of § 236.25,
Wis. Stats.
(b)
In addition to the requirements of § 236.25, Wis.
Stats., the final plat shall correctly show on its face:
1.
Lands reserved for future public acquisition or for the common
use of the property owners within the subdivision. Such lands shall
be described and established as outlots. Outlot restrictions shall
appear on the face of the plat.
2.
Special restrictions required by the reviewing authorities.
3.
Final plats shall provide all certificates required by § 236.21,
Wis. Stats., and, in addition, the surveyor shall certify specifically
that all provisions of this chapter have been fully complied with.
(c)
The Committee or its designee shall within 60 days of the date
of filing of a complete final plat with the Director, approve, approve
conditionally, or reject such plat, unless the time is extended by
mutual agreement with the subdivider. If approved conditionally, the
certifications shall not be completed until the conditions are met.
If rejected, a letter or copy of the committee minutes setting forth
the reasons for rejection shall accompany the plat and be sent to
the applicant.
(d)
Failure of the Committee to act within the 60 days, or the time
as extended by agreement with the subdivider, shall constitute an
approval.
(e)
The Committee may or may not choose to approve any final plat
which is the subject of an objection of any objecting agency.
(f)
The Director shall not place a final plat on the Committee agenda
unless the plat of a true copy is submitted at least 15 working days
prior to the required Committee meeting date.
(g)
Relationship between preliminary and final plat:
1.
Approval of a preliminary plat shall be deemed an expression
of approval or conditional approval of the layout submitted and guide
to the preparation of the final plat which will be subject to further
consideration by the Committee at the time of its submission.
2.
If the final plat conforms substantially to the preliminary
plat as approved, including any conditions of the preliminary approval,
and to local plans and ordinances authorized by law, it is entitled
to approval. If the final plat is not submitted within 24 months after
the last required approval of the preliminary plat, the Committee
may refuse to approve the final plat. The map is to be recorded in
accordance with Ch. 236, Wis. Stats.
(h)
Partial Platting. The final plat may constitute only that portion
of the approved preliminary plat which the subdivider proposes to
record at that time. Approval of a final plat for only a portion of
the preliminary plat shall extend approval for the remaining portion
of the preliminary plat for six months from the date of such final
plat approval unless extended by the Committee.
(i)
Deed Restrictions. For public lands, the committee reserves
the right to add further deed restrictions and covenants as provided
in § 236.293, Wis. Stats.
The sale or exchange of parcels of land between owners of adjoining
property if the parcels are reduced below the minimum sizes required
by this Code, or other applicable laws and ordinance, are required
to be reviewed by the Director. These divisions are required to be
reviewed by the Director to ensure the split does not reduce the capability
of the parcel(s) to support a sanitary system or does not create other
adverse conditions. A CSM must be prepared and recorded identifying
the new exterior lot lines of each parcel affected by the split and
deeds recorded to support the split attachments.
[Amended 8-17-2021 by Res. No. 81-2021, effective 9-3-2021]
The improvements specified herein shall be installed and approval
of a final plat shall be given only after the work has been completed
or there shall have been filed with the appropriate governmental jurisdiction
or with the Committee one of the following:
(1)
A duly
completed and executed continuing surety bond in an amount sufficient
to complete the work with surety satisfaction to the appropriate governmental
jurisdiction or the Committee.
(2)
A certified
check, in an amount sufficient to complete the work, drawn on an approved
bank and available to the appropriate governmental jurisdiction or
the Committee. As the work progresses the governmental jurisdiction
or the Committee may permit the exchange of said check for another
check of sufficient amount to complete the remaining improvements
agreed upon. If the improvements are not completed within the specified
time, the governmental jurisdiction or Committee may use the bond
or the certified check to complete the remaining work provided for.
(3)
Other
collateral satisfactory to the appropriate governmental jurisdiction
or the Committee in an amount sufficient to complete the work.
