A.
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.
B.
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.
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:
A.
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]
B.
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.
C.
The Village of Johnson Creek Plan Commission is designated
as the recommending agency with respect to design and layout of the
preliminary plat.
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.
A.
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.
B.
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.
C.
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.
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 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]
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:
A.
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]
B.
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.
C.
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.
D.
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.
E.
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.
F.
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]
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
G.
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]
H.
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.
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.
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]
B.
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.
C.
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.
D.
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.
E.
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.
F.
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.
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.
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.
B.
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.
C.
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.
D.
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.
E.
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.
F.
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]
G.
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]
A.
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.
B.
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.
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.