Before filing a preliminary plat or certified
survey map (minor land division), the subdivider is encouraged to
consult with the Plan Commission for advice regarding general subdivision
requirements. Information on meeting dates, agenda deadlines and filing
requirements may be obtained from the Village Clerk-Treasurer. 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 this chapter, the Comprehensive Plan, 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.
General. Before submitting a final plat for approval,
the subdivider shall prepare a preliminary plat and a letter of application.
The subdivider shall submit 15 copies of the preliminary plat. The
preliminary plat shall be prepared in accordance with this chapter,
and the subdivider shall file copies of the plat and the application
as required by this section with the Village Clerk-Treasurer at least
25 days prior to the meeting of the Plan Commission at which action
is desired. The Village Clerk-Treasurer shall submit a copy of the
preliminary plat to the Plan Commission and to the Village Engineer
for review and written report of his recommendations and reactions
to the proposed plat.
B.
Public improvement plans and specifications. Simultaneously
with the filing of the preliminary plat or map, the owner shall file
with the Village Clerk-Treasurer 15 complete sets of engineering reports
and plans 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.
C.
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-Treasurer.
D.
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.
E.
Supplementary data to be filed with preliminary plat.
(1)
The following shall also be filed with the preliminary
plat:
(a)
Use statement. A statement of the proposed use
of lots, stating type of residential buildings with number of proposed
dwelling units, and types of business or industry so as to reveal
the effect of the development on traffic, fire hazards and congestion
of population; and
(b)
Zoning changes. If any zoning changes are contemplated,
the proposed zoning plan for the area, including dimensions.
(2)
Area plan. Where the subdivider owns property adjacent
to that which is being proposed for the subdivision, the Plan 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.
F.
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 limits of the proposed subdivision when requested.
G.
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 prescribed in § 281-8, 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 groundwater table.
H.
Referral to other agencies.
(1)
The subdivider shall, within two days after filing
with the Village, transmit two copies to the county planning agency,
two copies to the Director of Plat Review in the Wisconsin Department
of Administration, additional copies to the Director of Plat Review
for retransmission of two copies each to the Wisconsin Department
of Transportation if the subdivision abuts or adjoins a state trunk
highway or a connecting street and the Wisconsin Department of Commerce
if the subdivision is not served by the public sewer and provision
for such service has not been made, and an adequate number of copies
to the Plan Commission. The subdivider shall file with the Village
Clerk-Treasurer an affidavit indicating that he has fully complied
with the requirement of filing with objecting agencies. The county
planning agency, the Wisconsin Department of Administration, the Wisconsin
Department of Transportation and the Wisconsin Department of Commerce
shall be hereinafter referred to as "objecting agencies."[1]
(2)
Within 20 days of the date of receiving the copies of the plat, an state or county agency having authority to object under Subsection H(1) above 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, or, 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 it shall be deemed to have no objection to the plat.
(3)
In lieu of the procedure under Subsection H(1), the subdivider or the subdivider's agent may submit the original plat to the Department of Administration which shall forward two copies to each of the agencies authorized to object. The Department shall have the required number of copies made at the subdivider's expense. Within 20 days of the date of receiving the copies of the plat, any agency having authority to object shall notify the subdivider and all agencies having the authority to object of any objection based upon failure of the plat to comply with the statutes or rules which its examination is authorized to cover, or, if there is no objection, it shall so certify on the face of a copy of the plat and return that copy to the Department of Administration. After each agency and the Department have certified that they have no objection or that their objections have been satisfied, the Department shall so certify on the face of the plat. If an agency fails to act within 20 days from the date of the receipt of copies of the plat, and the Department fails to act within 30 days of receipt of the original plat, it shall be deemed that there are no objections to the plat and, upon demand, it shall be so certified on the face of the plat by the Department.
[Amended 5-10-2004 by Ord. No. O-2004-01]
I.
Drafting standards. The subdivider shall submit to the Village Clerk-Treasurer and to those agencies having the authority to object to plats under provisions in Ch. 236, Wis. Stats., copies of a preliminary plat (or certified survey) based upon an accurate exterior boundary survey by a registered 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) and easements which the subdivider proposes to make and shall indicate by accompanying letter when the improvements will be provided. Any proposed restrictive covenants for the land involved shall be submitted.
A.
Plan Commission review.
(1)
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 Plan Commission
shall, within 60 days, or within such time as extended by agreement
with the subdivider, of its submission, approve, approve conditionally,
or reject the plat. The subdivider shall be notified in writing of
any conditions for approval or the reasons for rejection. Such action
of the Plan Commission shall be submitted to the Village Board for
approval, and the subdivider shall be notified in writing of any changes
or modifications in the action of the Plan Commission and the reasons
therefor.
(2)
The Village Clerk-Treasurer shall give notice of the
Plan 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 of the property in
question and the requested action.
B.
Board review; public hearing. The Clerk-Treasurer
shall schedule a public hearing on the preliminary plat before the
Village Board. The Clerk-Treasurer shall give notice of the Village
Board's review and public hearing on the preliminary plat or certified
survey by listing it as an agenda item in the Board's meeting notice
published in a newspaper of general circulation in the Village. The
notice shall include the name of the applicant, the address of the
property in question and the requested action. Property owners within
100 feet of the proposed land division shall receive written notice
of the public hearing.
C.
Board action.
[Amended 12-29-2010]
(1)
After
receipt of the Plan Commission's recommendation, the Village Board
shall, within 90 days of the date the plat was filed with the Village
Clerk-Treasurer, 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.
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-Treasurer
shall communicate to the subdivider the action of the Village Board.
If the preliminary plat is approved, the Village Clerk-Treasurer shall
endorse it for the Village Board.
(2)
Approval
of the preliminary plat shall be conditioned upon compliance with:
(b)
All applicable Village ordinances that are in effect when the preliminary
plat is submitted;
(c)
The Village's comprehensive plan under § 66.1001 of the
Wisconsin Statutes;
(d)
The rules of the Department of Commerce relating to lot size and
lot elevation necessary for proper sanitary conditions in a subdivision
not served by a public sewer, where provisions for public sewer have
not been made; and
(e)
The rules of the Department of Transportation relating to provision
for the safety of entrance upon and departure from the abutting state
trunk highways or connecting highways and for the preservation of
the public interest and investment in such highways.
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, and to Village plans and ordinances
as authorized by law, the final plat shall be entitled to approval.
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 Plan Commission and Village Board at the time of its submission.
[Amended 5-10-2004 by Ord. No. O-2004-01; 12-29-2010]
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 such case it shall
be refiled.
A.
Filing requirements.
[Amended 5-10-2004 by Ord. No. O-2004-01; 12-29-2010]
(1)
The subdivider shall prepare a final plat and a letter of application in accordance with this chapter and shall file 15 copies of the plat and the application with the Village Clerk-Treasurer at least 15 days prior to the meeting of the Plan Commission at which action is desired. The Village Clerk-Treasurer shall give notice of the Plan Commission's meeting in the manner prescribed in § 281-12A(2). The owner or subdivider shall file 15 copies of the final plat not later than 36 months after the date of approval of the preliminary plat. If it is submitted later than 36 months, the Village Board may refuse to approve the final plat or may extend the time for submission of the final plat. The final plat may, if permitted by the Village Board, constitute only that portion of the approved preliminary plat that the subdivider proposes to record at that time. 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.
(2)
The subdivider shall, within two days after filing with the Village,
transmit two copies to the county planning agency and two copies to
the Wisconsin Department of Administration pursuant to § 236.12(6)
of the Wisconsin Statutes.
(3)
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,
Wis. Stats.
(4)
Simultaneously with the filing of the final plat or map, the owner shall file with the Village Clerk-Treasurer 12 copies of the final plans and specifications of public improvements required by this chapter and a signed copy of the developer's contract required by § 281-21 of the Village ordinances.
(5)
The Village Clerk-Treasurer shall refer two copies of the final plat
to the Plan Commission, one copy to the Village Engineer, and a copy
each to the telephone and power and other utility companies. The abstract
of title or registered property report may be referred to the Village
Attorney for his examination and report. The Village Clerk-Treasurer
shall also refer the final plans and specifications of public improvements
to the Village Engineer for review. The recommendations of the Plan
Commission and Village Engineer shall be made within 30 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 Plan 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 Plan Commission.
B.
Plan Commission review.
[Amended 5-10-2004 by Ord. No. O-2004-01; 12-29-2010]
(1)
The Plan 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)
A professional engineer, a planner, or another person charged with
the responsibility to review plats, shall provide the Village Board
with his or her conclusions as to whether the final plat conforms
substantially to the preliminary plat and with his or her recommendation
or approval of the final plat. The conclusions and recommendation
shall be made part of the record of the proceeding at which the final
plat is being considered and are not required to be submitted in writing.
(3)
The Plan Commission shall, within 30 days of the date of filing of
the final plat with the Village Clerk-Treasurer, 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 Plan Commission may hold the matter in abeyance if there
is incomplete or inadequate information.
C.
Board review and approval.
[Amended 12-29-2010]
(1)
The Village Board shall, within 60 days of the date of filing the
original final plat with the Village Clerk-Treasurer, approve or reject
such plat, unless the time is extended by agreement with the subdivider.
If the plat is rejected, the reasons shall be stated in the minutes
of the meeting and a written statement of the reasons forwarded to
the subdivider. The Village Board may not inscribe its approval on
the final plat unless the Village Clerk-Treasurer certifies on the
face of the plat that the copies were forwarded to objecting agencies
as required herein, the date thereof and that no objections have been
filed within 20 days or, if filed, have been met.
(2)
Approval of the final plat shall be conditioned upon compliance with:
(b)
All applicable Village ordinances that are in effect when the
subdivider submits a preliminary plat, or a final plat if no preliminary
plat is submitted;
(c)
The Village's comprehensive plat under § 66.1001 of
the Wisconsin Statutes;
(d)
The rules of the Department of Commerce relating to lot size
and lot elevation necessary for proper sanitary conditions in a subdivision
not served by a public sewer, where provisions for public sewer have
not been made; and
(e)
The rules of the Department of Transportation relating to provisions
for the safety of entrance upon and departure from the abutting state
trunk highways or connecting highways and for the preservation of
the public interest and investment in such highways.
(3)
The subdivider may construct the project in such phases as the Village
Board approves, which approval may not be unreasonably withheld. If
the subdivider's project will be constructed in phases, the amount
of any surety bond or other security required by the Village Board
shall be limited to the phase of the project that is currently being
constructed. The Village Board may not require that the subdivider
provide any security for improvements sooner than is reasonably necessary
before the commencement of the installation of the public improvements.
(4)
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
municipal clerk of any municipality within 1,000 feet of the final
plat.
(5)
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 are filed, the
Village Clerk-Treasurer 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 final plat must be recorded with the Register of Deeds
within 12 months of approval of the final plat and within 36 months
of approval of the preliminary plat.
[Amended 12-29-2010]
E.
Copies.
The subdivider shall file eight copies of the final plat with the
Village Clerk-Treasurer for distribution to the approving agencies,
affected sanitary districts, and other affected agencies for their
files.
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 §§ 281-12 and 281-13, except:
(1)
Transmittal responsibility lies with the Village Clerk-Treasurer,
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 Plan Commission or Village
Board, the Town Board of the town within which the subdivision is
located and appropriate county agencies. 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 it
has 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, 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 (thus not constituting a subdivision as defined
in this chapter), the subdivider shall prepare a certified survey
map in accordance with this chapter and shall file 10 copies of the
map and the letter of application with the Village Clerk-Treasurer
at least 15 days prior to the meeting of the Plan Commission at which
action is desired.
B.
Referral to Plan Commission. The Village Clerk-Treasurer
shall, within two normal workdays after filing, transmit the copies
of the map and letter of application to the Plan Commission.
C.
Review by other village agencies. The Plan 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 Plan Commission within 10 days from the date the map is filed.
The map shall be reviewed by the Plan Commission for conformance with
this chapter and all ordinances, rules, regulations, comprehensive
plans, comprehensive plan components and neighborhood plans.
D.
Review and approval. The Plan Commission shall, within
30 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. Following
public hearing in the manner used for preliminary plats, 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-Treasurer and the County
Treasurer to certify the face of the map stating that there are no
unpaid taxes or unpaid special assessments on any of the land included
in the final subdivision.
[Amended 5-10-2004 by Ord. No. O-2004-01; 3-27-2006]
E.
Recordation. The subdivider shall record the map with
the County Register of Deeds within six months of the approval.
[Amended 5-10-2004 by Ord. No. O-2004-01]
F.
Copies. The subdivider shall file five copies of the
certified survey map with the Village Clerk-Treasurer for distribution
to the Village Engineer, Building Inspector, Assessor and other affected
departments for their files.
G.
Aliquot part description.
(1)
In the case of a lot or lots which can be severally
described by aliquot part description, the Board may waive the certified
survey map requirements of this section.
(2)
Where certified survey map requirements have been
waived, evidence shall be provided in the form of a plat of survey
prepared by a registered land surveyor and conforming to Sec. A-E
5.01, Minimum Standards for Property Surveys, Wis. Adm. Code.
(3)
In no case shall a parcel resulting in a land division
be in nonconformance with the requirements of this chapter.
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, Wis. Stats. The subdivider or person wishing to replat shall
then proceed using the procedures for preliminary and final plats.
B.
The Village Clerk-Treasurer shall schedule a public
hearing before the Plan 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.
C.
Where lots are more than double the minimum size required
for the applicable zoning district, the Plan 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 this chapter.
