Town of St. Joseph, WI Article II Application and Review Procedures

§ 168-5 Basic application and submittal requirement procedures for all proposed subdivisions.

A. Basic application procedure. Application materials and all required fees for approval of any proposed subdivision activity under this chapter shall be submitted to the Town Board and the Town Plan Commission. Application materials including current Town requirements, checklists and deadlines are available in written form the Town Clerk/Treasurer.

(1) An application for any Town Board action under this chapter (concept, certified survey map, preliminary plat, and final plat) shall be deemed to have been validly submitted to the Town when:

(a) A preapplication meeting has taken place.

[Added 4-13-2023 by Ord. No. 2023-01[1]]

[1] Editor's Note: This ordinance redesignated former Subsection A(1)(a) through (e) as Subsection A(1)(b) through (f).

(b) A written application and predevelopment agreement, signed by the owner and subdivider or by the owner and an authorized representative and accompanied by the applicable Town application checklist, and all required materials and fees have been personally delivered to the Town Clerk/Treasurer.

(c) Copies of all application materials have been delivered to the Town Attorney and Town Engineer.

(d) The application has been acknowledged by the Plan Commission at its regular monthly meeting following the delivery of materials to the designated Town personnel.

(e) All information and written materials required to allow the Town Clerk/Treasurer to notify all adjoining landowners of what subdivision activity is being proposed is provided. Adjoining landowners shall include owners of land across any roadways from the proposed land division.

(f) All such materials have been provided at least 21 days before a Plan Commission meeting for a CSM Concept, or by the third Wednesday prior to the Plan Commission meeting for a CSM, 30 days for a major plat concept, 30 days for a preliminary plat and 30 days for a final plat, so that the Town Clerk/Treasurer can process and mail said notices at least 10 days before the Town Plan Commission meeting at which said subdivision proposal will be considered.

[Amended 4-13-2023 by Ord. No. 2023-01]

(2) The Town Board, Town Plan Commission, Town Attorney, or Town Engineer can require an applicant to provide additional information at any time where site characteristics or other unique circumstances make it appropriate to do so.

B. Basic review and approval procedures.

(1) Site visit. The Town Plan Commission and Town Board may make on-site visits to the property being considered for subdivision sometime before their meetings between the hours of 7:00 a.m. and 8:00 p.m. without notice to the owner.

(2) Presentation of proposal. The subdivider/owner or designee shall attend the meeting of the Plan Commission and Town Board to present the proposed land division. Failure to attend these meetings or to provide a complete application may be grounds for the Town Board or Plan Commission to table or deny the application.

(3) Conditions of approval. The Town Board may impose conditions upon its approval of any subdivision. Such conditions shall be stated in the Town Board's minutes and a copy given to the applicant. Such conditions shall also be incorporated into the developer's agreement required under this chapter.

(4) Disapproval. When the Town Board decides not to approve a preliminary plat, final plat, or certified survey map, its reasons for denial shall be stated in the Town Board's meeting minutes and a copy thereof given to the applicant/subdivider.

(5) Deadlines for Town action on plats and certified survey maps. The Town Board shall review and approve, conditionally approve, or disapprove a preliminary plat application or certified survey map within 90 days of receipt and a final plat application within 60 days of receipt, "receipt" being defined as in § 168-5A(1) above. These deadlines may be extended by agreement of the Town Board and the applicant which shall be reflected in the Town Board minutes.

(6) Transmissions of subdivision approvals to St. Croix County Planning and Zoning by the Town. No Town Board approval of certified survey maps, preliminary plat, or final plats shall be effective until all approved exceptions to design standards, easements, covenants, developer's agreements, homeowners' association articles of incorporation and bylaws, and any other such information or agreements required by the Town, have been provided in final form satisfactory to the Town, signed and agreed to by the owners, developers or mortgagees, as applicable. All such signed documents shall be provided with the final plat or certified survey map when it is delivered to the County Planning and Zoning Office. In addition, all moneys owed to the Town shall be paid.

C. Major subdivision.

(1) Concept review.

(a) Review required. Concept review is required for major subdivisions.

(b) Preapplication meeting required.

[Added 4-13-2023 by Ord. No. 2023-01[2]]

[2] Editor's Note: This ordinance redesignated former Subsection C(1)(b) through (f) as Subsection C(1)(c) through (g).

(c) Meeting with Town Engineer. The subdivider/owner should meet with the Town Engineer to obtain information regarding the purpose and objectives of the Town's subdivision regulations and procedures, the adopted Comprehensive Plan and other relevant ordinances that may apply to the proposed subdivision.

(d) Concept review submittals. Submittal to the Town Clerk/Treasurer shall include the following attachments and information:

[1] Application;

[2] Properly executed predevelopment agreement;

[3] Payment of any required funds;

[4] Name and address of the owner of the property and the subdivider;

[5] Location and size of the property;

[6] Names and addresses of all adjacent landowners;

[7] Name and address of the surveyor who will be doing the survey work;

[8] Present use of the land and the land adjacent to the proposed subdivision;

[9] Identification of any portion of the property and adjoining properties that is contained in the Preservation Residential area as defined in the Comprehensive Plan;

[10] Number and size of projected lots upon final land division;

[11] Existing zoning and other land use controls on the proposed land division and the land adjacent to the proposed subdivision;

[12] Location of any slopes of 25% or greater;

[13] Locations of general land cover types, such as woodlands, wetlands and agricultural;

[14] Locations of historic and cultural features as listed at the Wisconsin State Historic Preservation Office, on the Wisconsin Architecture and Historic Inventory (AHI) or on the National Register of Historic Places.

(e) Town review and limitation of rights. The purpose of concept review is for the Plan Commission and Town Board to provide feedback to the subdivider/owner on the proposed land division. The subdivider/owner obtains no vested rights in a concept submittal, and any comments by the Town Engineer, Plan Commission and Town Board during the concept review are not binding on the Town.

(f) Concurrent review. The subdivider/owner shall also apply to St. Croix County and proceed through that review process as required.

(g) Additional requirements. If any part of the proposed subdivision is identified as Preservation Residential in the Comprehensive Plan, then the additional requirements in § 168-15A shall apply.

(2) Preliminary plat review.

(a) Required submittals for preliminary plat approval. Submittals for preliminary plat approval shall include:

[1] Preapplication meeting.

[Added 4-13-2023 by Ord. No. 2023-01[3]]

[3] Editor's Note: This ordinance renumbered former Subsection C(2)(a)[1] through [37] as Subsection C(2)(a)[2] through [38].

[2] Application.

[3] Payment of any required funds.

[4] Name and address of the owner of the property and the subdivider.

[5] Name and address of the surveyor who will be doing the survey work.

[6] Property location of the proposed land division by government lot, quarter-section, Town, range, county and state.

[7] Sketch showing the general location of the proposed subdivision within the U.S. Public Land Survey section.

[8] Date, graphic scale and North arrow.

[9] Exact length and bearing of the exterior boundaries of the proposed land division referenced to a corner established in the U.S. Public Land Survey and the total acreage encompassed thereby.

[10] Present use of the land and the land adjacent to the proposed subdivision.

[11] Existing zoning and other land use controls on the proposed land division and the land adjacent to the proposed subdivision.

[12] Identification of any portion of the property and adjoining properties that are contained in the Preservation Residential area as defined in the Comprehensive Plan.

[13] Names and addresses of all adjacent landowners.

[14] Existing and proposed contours at vertical intervals of not more than two feet.

[15] Land areas with 12% to 19.9%, 20% to 24.9%, 25% to 29.9% and/or 30% and greater slope shall be differentially shaded and labeled or otherwise clearly indicated on a separate map with the road layout, lot lines and driveway access locations.

[16] Drainage patterns and watershed boundaries shall be delineated to help determine peak runoff for specified storm events.

[17] All lakes and streams existing in and adjoining to the plat will be identified with OHWM at the date of the survey.

[18] All delineations of wetlands and waterways, which shall be based on field identification and on-site staking conducted by a professional wetland delineator and reviewed by the County Land and Water Conservation Department and/or Wisconsin DNR.

[19] Floodplain limits and the contour line lying a vertical distance of two feet above the elevation of the 500-year recurrence interval flood, or where such data is not available, five feet above the HWE.

[20] Location, right-of-way, width and names of all existing and proposed roads, trails, driveway or other public ways, easements, railroad and utility right-of-way and all section and quarter-section lines within the exterior boundaries of the plat or immediately adjacent thereto. In addition, distances to the nearest adjoining roads, trails and driveways on all sides of the proposed site.

[21] Location and names of any adjacent land divisions, major or minor, certified survey lots, unplatted and unsurveyed parcels, outlots, lots, parks, cemeteries and owners of record of abutting unplatted and unsurveyed lands.

[22] Location of all fuel storage tanks, dumps and wells.

[23] Location of rare, threatened and endangered species, native vegetation and other habitat areas. A qualified professional shall review the site and/or coordinate with Wisconsin DNR personnel to positively confirm that unique species, vegetation or habitats are or are not present.

[24] Locations of all existing property boundary lines, structures, driveways, closed depressions, drainage ditches, water wells, on-site wastewater treatment systems, sinkholes, rock outcrops, wooded area, railroad tracks, other similar significant natural or man-made features within the tract being subdivided or immediately adjacent thereto.

[25] Location and approximate dimensions and size of any sites to be reserved or dedicated for parks, drainageways, stormwater ponds, trails, or other public uses. The ownership and purpose of the sites shall be stated on the face of the plat.

[26] Location of soil boring tests indicating general location of septic system areas as required by the Wis. Adm. Code.

[27] Location of the proposed net project buildable area (NPBA) pursuant to § 168-7D when required by the Town.

[28] Locations of all environmental corridors and isolated natural areas as mapped by the State of Wisconsin, the county, the Town or local agencies.

[29] Plans for grading, stormwater management, and erosion and sediment control shall be submitted for all land disturbances. Areas proposed for filling and grading within shoreland jurisdiction and in close proximity to wetlands and floodplains shall be differentially shaded. All emergency overflow (EOF) routes for ponds and ditches shall be shown.

[30] Complete road construction plans that meet applicable state, county and Town requirements. Those plans shall show plan views and profiles of all roads, horizontal and vertical curve information, typical sections, and other pertinent road information. If trails are included in the site, all trail plans should be included in the submittal. Storm sewers that extend for 40 feet or more shall have plans and profiles of the pipe shown on the construction plans.

[31] A schedule of construction for accesses, roads, and all other improvements in the proposed plat that shall be incorporated into the developer's agreement pursuant to § 168-22B.

[32] Draft of protective covenants that intend to regulate land use in the proposed subdivision and otherwise protect the proposed development. The covenants shall be subject to the review and approval of the Town Attorney.

[33] Easements shall be shown and be limited to utility easements, drainage easements and access easements. All drainage easements shall state on the face of the document who shall own title and bear responsibility for maintenance of the easement.

[34] Conservation easements, their location, purpose and proposed ownership and control.

[35] Overlay map of sensitive areas [wetlands, water bodies, floodplains, steep slopes, historic and archaeological features as listed at the Wisconsin State Historic Preservation Office, on the Wisconsin Architecture and Historic Inventory (AHI) or on the National Register of Historic Places, drainageways and basins, erosion control features, problem soils and the like] and a report as to how the sensitive areas are to be handled through conservation easements, deed restrictions or covenants approved by and enforceable by the Town.

[36] Context of the surrounding area within 660 feet of the tract, including the general outline of existing buildings, land use, roads, property boundaries, natural features (water bodies, woodlands, wetlands, native prairies and farm or fallow fields), zoning and general topography. This information may be presented on an aerial photograph or sketch map at a scale of no less than one inch equals 400 feet.

[37] A note on all plats regarding future assessments for roads shall read as follows: "Lots may be subject to future assessments for any upgrades and improvements to the road."

[38] Detailed statement as to whether and how the proposed development is consistent with the Comprehensive Plan.

(b) Developer's agreement required. As a condition of preliminary plat approval, the Town shall require a developer's agreement pursuant to § 168-22B.

(c) Financial guarantee required. As a condition of preliminary plat approval, the Town shall require a financial guaranty pursuant to § 168-24.

(d) Approval. When the Town Board determines to approve a preliminary plat of a major subdivision, the decision shall be stated in a letter sent to the applicant with a copy sent to the County Zoning Administrator.

(e) Amendment of preliminary plat. If the subdivider/owner desires to amend an approved preliminary plat, the subdivider/owner shall resubmit the proposed amended plat, which shall follow the same procedure, unless the amendment is, in the opinion of the Plan Commission, of such scope as to constitute a new plat, in which case, a new application shall be filed. Any amended or new plat filed with the Town shall be forwarded to St. Croix County for concurrent review.

(f) Approval conditions. Approval of a preliminary plat or certified survey map shall be valid for 36 months from the date of approval. Approval or conditional approval of the preliminary plat does not constitute automatic approval of the final plat.

(g) Additional requirements. If any part of the proposed subdivision is identified as Preservation Residential in the Comprehensive Plan, then the additional requirements in § 168-15B shall apply.

(3) Final plat review.

(a) Final plats submitted for approval shall show the following information in a format that also complies with all applicable state and county requirements:

[1] Prepplication meeting if deemed necessary by Town Engineer.

[Added 4-13-2023 by Ord. No. 2023-01[4]]

[4] Editor's Note: This ordinance renumbered former Subsection C(3)(a)[1] through [7] as Subsection C(3(a)[2] through [8].

[2] All requirements submitted under preliminary plat § 168-5C(2), including any amendments made during the review process;

[3] Dimensions and area (including and excluding rights-of-way) of all lots' setbacks, high water elevation and lowest building opening for those lots affected by a drainage easement or floodplain;

[4] All casements with their intended use identified;

[5] All required executed agreements;

[6] All required financial guarantees;

[7] All required materials; and

[8] Four copies of the final plat with original signatures.

(b) When the Town Board approves the final plat of a major subdivision and when all the required documentation is submitted, the Town Chair shall certify Town approval on the plat document in the space provided for that purpose and the Town Clerk/Treasurer shall sign the certificate on the plat concerning taxes or special assessments, if there are no delinquent taxes or special assessments.

(c) A copy of the final plat with the signed certificate shall be sent to the County Zoning Administrator.

(d) If a final plat is not submitted to the Town for approval within 36 months of preliminary plat approval, the Town may refuse to approve the final plat.

D. Minor subdivision.

(1) Basic application and submittal requirement procedures. Minor subdivisions shall be processed following the review procedures outlined for major subdivisions in § 168-5A and B. Note the preapplication meeting requirement.

[Amended 4-13-2023 by Ord. No. 2023-01]

(2) Concept review. Concept review is recommended, but not required for minor subdivisions. If a concept review is undertaken, it shall follow the procedures outlined in § 168-5C(1).

(3) Certified survey map review. Required submittals for a certified survey map shall be the same as those required in § 168-5C(2) and (3). In the case where the certified survey map does not require any construction and/or maintenance of Town infrastructure, the Town Board may waive the following:

(a) A predevelopment agreement pursuant to § 168-22A;

(b) A developer's agreement pursuant to § 168-22B;

(c) A financial guarantee pursuant to § 168-24.

E. Recording of approvals and appeals.

(1) Approvals. All final plats and related documents shall be recorded at the St. Croix County Register of Deeds Office within 12 months after the last approval and within 36 months after the first approval. Certified survey maps shall be recorded at the St. Croix County Register of Deeds Office within 12 months after the last approval and within 36 months after the first approval. All risk of not completing this process in a timely manner is on the subdivider/owner.

(2) Appeals. Any person aggrieved by an objection to a plat or certified survey map or a failure to approve a plat or certified survey map may appeal therefrom to a court of competent jurisdiction as provided in § 236.13(5), Wis. Stats.