Village of Johnson Creek, WI Land Division Procedures

It is recommended that, prior to the filing of an application for the approval of a preliminary plat or certified survey map, the subdivider consult with the Village of Johnson Creek Administrator and all affected utilities in order to obtain advice and assistance. This consultation is neither formal nor mandatory but is intended to inform the subdivider of the purpose and objectives of this chapter, the adopted regional, county or Village of Johnson Creek comprehensive plan or adopted plan components and duly adopted plan implementation ordinances of the Village of Johnson Creek and otherwise to 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 Village of Johnson Creek and the subdivider will gain a better understanding of the subsequent required procedures.

Prior to formal submittal of a preliminary plat as outlined below, the subdivider shall submit a preliminary sketch or concept plan for review by the Plan Commission. The purpose of such a sketch is to gain tentative approval from the Plan Commission prior to expending time and resources on a preliminary plat. This review by the Plan Commission is not binding on either the Village of Johnson Creek or the subdivider.

§ 245-24 Preliminary plat review.

Before submitting a final plat for approval, the subdivider shall prepare a preliminary plat which shall be clearly marked "preliminary plat" and a letter of application. The preliminary plat shall be prepared in accordance with this chapter, and the subdivider shall file 20 folded copies of the plat with the Village of Johnson Creek Clerk-Treasurer or designee at least 45 days prior to the meeting of the Village of Johnson Creek Plan Commission at which action is desired. In addition:

The subdivider shall provide the plat and required copies to the Village of Johnson Creek Village Clerk and, within two normal workdays after filing with the Village, transmit two copies to the Wisconsin Department of Agriculture, Trade and Consumer Protection (DATCP) and additional copies to the Department of Agriculture, Trade and Consumer Protection for retransmission of two copies each to the Wisconsin Department of Transportation (WDOT) if the subdivision abuts or adjoins a state trunk highway or connecting highway and the Wisconsin State Department of Commerce (COMM) if the subdivision is not served by a public sewer and provision for such service has not been made and the Wisconsin Department of Natural Resources if navigable waters, shoreland/wetlands, or floodlands are contained within the proposed subdivision. The Wisconsin Department of Agriculture, Trade and Consumer Protection, the Wisconsin Department of Transportation, the Wisconsin Department of Natural Resources, and the Wisconsin Department of Commerce shall be hereinafter referred to as "objecting agencies."

[Amended 7-8-2003 by Ord. No. 20-03; 10-8-2007 by Ord. No. 18-07]

The subdivider shall transmit two copies to the Wisconsin Natural Gas Company and one copy each to the Wisconsin Electric Power Company, Riverside Telecom, the cable television franchisee, and the Village of Johnson Creek School District for their review and information concerning matters within their jurisdiction. Their comments, if any, shall be transmitted to the Village of Johnson Creek Plan Commission within 30 days from the date the plat is filed. The subdivider shall submit certification to the Village Clerk-Treasurer of plat mailings to utilities.

The Village of Johnson Creek Plan Commission is designated as the recommending agency with respect to design and layout of the preliminary plat.

§ 245-25 Preliminary plat approval.

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 Village of Johnson Creek Plan Commission. If an objecting agency fails to act within 20 days it shall be deemed to have no objection to the plat.

The Village of Johnson Creek Plan Commission shall, within 60 days of the date of filing of a preliminary plat with the Village of Johnson Creek Clerk-Treasurer, examine the preliminary plat as to its conformance with this chapter; consider review comments from objecting agencies, Village of Johnson Creek staff, and other agencies required to review and comment on the preliminary plat; and shall recommend approval, approval with conditions, or rejection of the preliminary plat to the Village Board.

The Village Board shall, within 90 days of the date of filing a preliminary plat with the Village of Johnson Creek Clerk-Treasurer or designee, approve, approve conditionally, or reject such plat. If the preliminary plat is approved conditionally or rejected, the Village of Johnson Creek shall state, in writing, any conditions of approval or the reasons for rejection. One copy each of the plat and letter shall be placed in the Village of Johnson Creek Plan Commission permanent files.

Failure of the Village Board to act within 90 days of the date of filing or within the times as extended by agreement with the subdivider shall constitute an 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 24 months of preliminary plat approval and conforms substantially to the preliminary plat layout as provided under § 236.11(1)(b), Wis. Stats., the final plat shall be entitled to approval with respect to such layout. If the final plat is not submitted within 24 months of the last required approval of the preliminary plat, any approving authority may refuse to approve the final plat. An approved preliminary plat shall be deemed an expression of approval or conditional approval of the layout submitted and used as a guide in the preparation of the final plat, which will be subject to further consideration by the Village of Johnson Creek Plan Commission and Village Board at the time of its submission.

[Amended 7-8-2003 by Ord. No. 20-03]

§ 245-26 Final plat review.

The subdivider shall prepare a final plat and a letter of application in accordance with this chapter and shall file 20 folded copies of the plat with the Village of Johnson Creek Clerk-Treasurer or designee at least 30 days prior to the meeting of the Village of Johnson Creek Plan Commission at which action is desired. In addition:

[Amended 7-8-2003 by Ord. No. 20-03; 10-8-2007 by Ord. No. 18-07]

The Village of Johnson Creek Plan Commission is designated as the recommending agency with respect to design and layout of the final plat and the Village Board is designated as the approving authority with respect to all sections of this chapter.

The Village of Johnson Creek 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 ordinances, rules, regulations, adopted regional, county or Village of Johnson Creek comprehensive plans and adopted components which may affect it and shall recommend approval, conditional approval or rejection of the plat to the Village Board.

Partial platting. The approved preliminary plat may be final platted in phases with each phase encompassing only that portion of the approved preliminary plat which the subdivider proposes to record at one time; however, it is required that each such phase be final platted and be designated as a phase of the approved preliminary plat.

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 Village of Johnson Creek Plan Commission. If an objecting agency fails to act within 20 days it shall be deemed to have no objection to the plat.[1]

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 245-27 Final plat approval.

Submission. If the final plat is not submitted within 24 months of the last required approval of the preliminary plat, the Plan Commission may refuse to approve the final plat.[1]

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

The Village of Johnson Creek Plan Commission shall, within 30 days of the date of filing of the final plat with the Village of Johnson Creek 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.

Notification. The Village Board shall, after it determines to approve the plat, give at least 10 days' prior written notice of its intention to the clerk of any municipality whose boundaries are within 1,000 feet of any portion of such proposed plat, but failure to give such notice shall not invalidate any such plat.

The Village Board shall, within 60 days of the date of filing the original final plat with the Village of Johnson Creek Clerk-Treasurer or designee, approve or reject such plat unless the time is extended by agreement with the subdivider. All corrections as required by the objecting and approving agencies shall be made to the final plat prior to placement on the Village Board agenda. 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 and surveyor. The Village Board may not inscribe its approval on the final plat unless the Village of Johnson Creek Clerk-Treasurer certifies on the face of the plat that the copies were forwarded to the objecting agencies as required herein, the date thereof, and that no objections have been filed within 20 days or, if filed, have been met.

Failure of the Village Board to act within 60 days, the time having not been extended and no unsatisfied objections having been filed, and all fees payable by the subdivider having been paid, the plat shall be deemed approved.

Recordation. After the final plat has been approved by the Village Board and improvements as shall be required by the Village Board either installed or a subdivider's agreement and sureties insuring their installation filed, the Village of Johnson Creek Clerk-Treasurer shall cause the certificate inscribed upon the plat attesting to such approval to be duly executed, and the Village of Johnson Creek Clerk-Treasurer shall record the plat with the Jefferson County Register of Deeds. The Register of Deeds shall not record the plat unless it is offered within 30 days from the date of the last approval.

Copies. The subdivider shall file a sufficient number of reproducible copies of the final plat with the Village of Johnson Creek Clerk-Treasurer or designee for distribution to the Village Assessor, Village Engineer, and other affected departments and agencies for their files.[2]

[2]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

Upon approval of the final plat by the Village Board, the subdivider may proceed with installation of subdivision improvements after approval of the engineering plans by the Village Engineer and approval of all other applicable agencies and submittal to the Village of Johnson Creek of copies of all permits and letters of approval.[3]

(1)

The subdivider shall enter into a contract with the Village of Johnson Creek agreeing to install the required improvements and shall file with said contract a letter of credit, cash or certified check meeting the approval of the Village Attorney in an amount equal to the estimated cost of the improvements, said estimate to be made by the Village Engineer as a guarantee that such improvements will be completed by the subdivider or his subcontractors not later than one year from the date of recording of the plat and as a further guarantee that all obligations to subcontractors for work on the development are satisfied.

(2)

If after the approval or conditional approval of the preliminary plat by the Village Board the subdivider creates a substantial change to the subdivision layout, the Village of Johnson Creek shall require the resubmittal of a preliminary plat in conformance with this chapter. A substantial change to the subdivision layout will be presumed to have occurred if the external boundaries of the subdivision plat are changed in any manner, or there is an increase in the number of lots by more than 5%, or there is a change in street configuration, or if a permitting agency denies a permit on which the plat depends. If the change is made at the request of the Village of Johnson Creek, a substantial change shall not be presumed to have occurred and the subdivider may proceed with submittal of a final plat.

[3]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

§ 245-28 Minor land division; submission of certified survey map.

Any division of land not defined as a subdivision is a minor land division. When it is proposed to divide land into at least two but not 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 may subdivide by use of a certified survey map. The certified survey map shall include all parcels of land under ownership or control of the subdivider. The certified survey map shall be prepared in accordance with this chapter. Exception: When the parcel(s) to be created by a land division is/are 20 acres or more in area and is/are not intended for development, the Plan Commission may waive the requirement of a certified survey map.

A preapplication conference similar to the consultation suggested in § 245-23 of this chapter is recommended prior to submitting the sketch or preliminary map for approval. Prior to submitting a certified survey map or plat of survey for approval, the subdivider shall submit a preliminary map or sketch to the Village of Johnson Creek Plan Commission for approval which shall be sufficient in detail to determine whether the final certified survey map will meet the requirements of this chapter and all ordinances, rules, regulations, adopted regional, county and Village of Johnson Creek comprehensive plans, or adopted plan components which affect it. At a minimum, all sketches shall be submitted using the Village of Johnson Creek Cadastral Map as the base map. After approval of the preliminary map or sketch by the Village of Johnson Creek Plan Commission, the subdivider shall file a sufficient number of copies of the certified survey map and the letter of application with the Village of Johnson Creek Clerk-Treasurer or designee 15 days prior to the Plan Commission meeting.[1]

[1]

Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

The Village of Johnson Creek Clerk-Treasurer or designee shall transmit seven copies of the map and letter of application to the Village of Johnson Creek Plan Commission for its review and approval.

The Village of Johnson Creek Clerk-Treasurer shall transmit a copy of the map to the Village Engineer for his review and recommendations concerning matters within his jurisdiction.

The Village of Johnson Creek Plan Commission shall approve, approve conditionally or reject the map within 45 days from the date of filing of the map, unless time is extended by agreement with the subdivider, and shall transmit the map along with its recommendations to the Village Board.

The Village Board shall approve, approve conditionally or reject the map within 60 days from the date of filing of the map, unless time is extended by agreement with the subdivider. If the map is rejected, the reasons shall be stated in the resolution and a written statement forwarded to the subdivider and surveyor.

Recordation. After the certified survey map has been approved by the Village Board, the Village of Johnson Creek Clerk-Treasurer shall cause the certificate to be inscribed upon the map attesting to such approval, and the Village of Johnson Creek Clerk-Treasurer shall record the map with the Jefferson County Register of Deeds at the subdivider's expense. The subdivider shall deliver to the Village Clerk-Treasurer a check made payable to the Jefferson County Register of Deeds in the amount required to record the certified survey map.

§ 245-29 Review and approval of extraterritorial plats and certified survey maps.

When the land to be subdivided lies within 1 1/2 miles of the corporate limits of the Village of Johnson Creek, the subdivider shall proceed as specified in §§ 245-23 through 245-28 of this chapter except:

A sketch or preliminary map for a certified survey map is not required to be approved by the Plan Commission prior to filing of a certified survey map.

Transmittal responsibility. The town clerk or county clerk or county planning agency to whom or to which the plat or certified survey map is first submitted shall be responsible for transmitting copies of the plat or map to designated objecting agencies and the subdivider shall indicate which one in his application.

Approval agencies include the Village Board, the Town Board, and the Jefferson County Park and Planning Commission or County Board of Supervisors, and the subdivider must comply with the land division ordinances of these agencies.

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 of Johnson Creek utility is desired, permission for such connection shall be approved by the Village Board.

All improvement requirements specified by the Village Board or any special improvement district in matters over which it has jurisdiction shall be met before filing of the final plat.

A proposed certified survey map (CSM) shall include the parcel(s) to be created from land that is/are under ownership or control of the subdivider, the entire frontage of all parcels that are under the ownership or control of the subdivider that are contiguous to the public right-of-way fronting the parcel(s) to be created and a supplemental area location map.

[Added 5-2-2002 by Ord. No. 2-02]

Where the land to be subdivided is located adjacent to the intersection of two town roads, the Village will only require dedication of land for public right-of-way purposes on that portion of the land fronting the road on which the parcel(s) is/are to be created.

[Added 5-2-2002 by Ord. No. 2-02]

§ 245-30 Replat.

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 as specified in §§ 245-23 through 245-27 of this chapter.

The Village of Johnson Creek Administrator shall schedule a public hearing before the Village of Johnson Creek Plan Commission when a preliminary plat of a replat of lands within the Village of Johnson Creek or its extraterritorial jurisdictional limits is filed and shall cause notices of the proposed replat 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.

§ 245-31 Condominium plats.

A condominium plat prepared pursuant to § 703.11, Wis. Stats., shall be reviewed in the same manner as a subdivision plat as set forth in this chapter.