[Amended 8-3-2020 by Ord. No. 20-22]
Prior to the filing of an application for the
approval of a preliminary plat, certified survey map, site and operational
plan or residential development plan, the divider/developer shall
meet and confer with the Village staff. The purposes of this preapplication
staff conference are to inform the divider/developer of the purposes,
objectives, and requirements of this chapter and of the various components
of the Village Comprehensive Plan; to identify, at the earliest possible
time, any significant policy issues that may suggest the need for
neighborhood sketch planning, conceptual plan review; budgetary review,
residential development plan review, or site and operational plan
review; to identify any problems or potential adverse impacts that
will need to be addressed in the planning and approval process; and
otherwise to assist the divider/developer and the Village in making
sound land division or development decisions.
A.
When required. If the Village staff determines at
the preapplication staff conference that no detailed neighborhood
development planning exists for the area in which the proposed land
division or development will be located, then, prior to filing any
conceptual plan, preliminary plat, certified survey map, or development
plan, the divider/developer shall pay to the Treasurer the required
neighborhood sketch plan fee for the Village to prepare an appropriate
neighborhood sketch plan, or shall participate with the Village in
the preparation of an appropriate neighborhood sketch plan, or shall
have a neighborhood sketch plan prepared by a qualified land use planner
in cooperation with the Village staff for the area which shows how
the proposed land division/development will relate to the surrounding
area, particularly in terms of required municipal facilities and services
and compatibility of land uses.
B.
Purpose. The neighborhood sketch plan is intended
to provide the Village staff, the Village Plan Commission and the
Village Board with the means of reviewing the pattern of existing
and probable future development in and around the area proposed for
land division, access to such land division and the practicability
of providing municipal facilities and services to serve such area.
C.
Information required. The neighborhood sketch plan,
which shall be drawn to a recognized engineering scale of one inch
equals 200 feet, shall include the following information:
(1)
Topographic contours at a minimum of two-foot intervals;
(2)
Public street layout, existing and proposed;
(3)
Proposed lot or parcel layout;
(4)
Zoning, existing and proposed;
(5)
Land uses, existing and proposed;
(6)
Sanitary sewerage system, storm sewer and drainage
system and water system facilities, existing and proposed, and related
existing or proposed easements;
(7)
Lands reserved or dedicated for streets, parks, playgrounds,
schools and other public purposes, existing or proposed;
(8)
Existing cadastral information and property boundaries;
and
(9)
Any other information that the divider, the Village
staff, the Village Plan Commission or the Village Board believes will
be helpful in reviewing, approving or using the neighborhood sketch
plan.
D.
Approval. Approval of a neighborhood plan, which is a component of the Village Comprehensive Plan, is subject to the requirements of Chapter 390. In addition, notice of such public hearing shall be mailed by first-class mail, not less than 10 days prior to the public hearing, to the last known address of the applicant, the owners of the subject lot or site, the owners of all real property located within 300 feet of the subject lot or site and to all other parties of interest as defined in this chapter. For any amendment to a portion of an adopted neighborhood plan, a notice of said public hearing shall be mailed by first-class mail, not less than 10 days prior to the public hearing, to the last known address of the applicant and the owners of the properties located within the neighborhood plan amended area and property owners within 300 feet of said amended area. Failure of any person to receive actual notice of the request shall not invalidate any action taken by the Village Plan Commission or the Village Board.
[Amended 12-21-2009 by Ord. No. 09-62]
A.
When required. If the Village staff determines in
the preapplication staff conference, or as a result of reviewing the
neighborhood sketch plan, that any proposed land division or development
raises significant policy issues, then, prior to filing a preliminary
plat or certified survey map or development plan with the Village,
the divider/developer shall pay to the Village Treasurer the required
conceptual plan review fee and shall file a conceptual plan of the
proposed land division or development for review and comment by the
staff, the Village Plan Commission and the Village Board. Without
limitation, conceptual plan review shall be required if the proposed
land division or development will create five or more buildable lots,
or will require a rezoning or conditional use permit to implement,
or will require a significant extension of public or private improvements,
or will require other significant budgetary decisions, or if there
is a lack of agreement between the divider/developer and the staff
regarding appropriate dedications or reservations for public acquisition,
or regarding appropriate waivers of or variances from the requirements
of this chapter.
B.
Purpose. The conceptual plan is intended to provide
the Village staff, the Village Plan Commission and the Village Board
with an early opportunity to review policy issues relating to the
proposed land division and its development or any development plan
and its possible adverse effects on adjacent properties of the Village.
C.
Information required. The conceptual plan, which shall
be drawn to a recognized engineering scale, shall include the following
information:
(1)
Neighborhood sketch plan, if required;
(2)
Graphic scale and North arrow;
(3)
Project name;
(4)
Name, address and telephone number of divider, owner,
engineer and architect;
(5)
Topographic contours at one-foot intervals;
(6)
Public street layout;
(7)
Existing and proposed lot or parcel layout, including
the dimensions and area of each;
(8)
Existing and proposed uses;
(9)
Lands to be dedicated or reserved for streets, parks,
schools, or other public purposes;
(10)
Proposed conceptual landscaping;
(11)
Number of dwelling units per acre;
(12)
Proposed techniques for handling stormwater
and retention/detention facilities;
(13)
Conceptual building layouts and parking areas
for all uses, other than single-family residential uses;
(14)
Location of existing and proposed streets, existing
and proposed sanitary and storm sewer and water facilities and existing
and proposed utility and drainage easements;
(15)
Artist renderings of structures and facilities
and floor plans, if available;
(16)
Identification of existing and proposed zoning
districts;
(17)
Significant environmental features, including,
without limitation, navigable waters, wetlands, floodplains, and woodlands;
(18)
Lands to be vacated or structures to be razed;
(19)
Declaration of restrictions, covenants and easements;
and
(20)
Any other information that the divider/developer,
the Village staff, the Village Plan Commission or the Village Board
believes will be helpful in reviewing the conceptual plan.
D.
Effect of review. The Plan Commission shall hold a public hearing and make recommendations to the Village Board for consideration. The public hearing shall be noticed by a Class 1 notice under Ch. 985, Wis. Stats. (See exception in Chapter 1, Article III, entitled "Publication and Posting of Notices," of the Village Code.), and notice of such public hearing shall be mailed by first class mail, not less than 10 days prior to the public hearing, to the last known address of the applicant, the owners of the subject lot or site, the owners of all real property located within 300 feet of the subject lot or site and to all other parties of interest as defined in this chapter. Failure of any person to receive actual notice of the request shall not invalidate any action taken by the Village Plan Commission or the Village Board. The conceptual plan completed for a land division or development plan shall be valid for a one-year time period from the date of Village Board conditional approval. During this one-year approval, the divider/developer shall satisfy the conditions of the conceptual plan and file a preliminary plat, certified survey map or development plan.
[Amended 8-3-2020 by Ord. No. 20-22]
A.
Preconditions to filing.
(1)
No preliminary plat of any proposed subdivision or large lot subdivision shall be submitted for approval until after a conceptual plan of such subdivision or large lot subdivision shall have been duly approved and all conditions have been timely satisfied pursuant to §§ 395-25, 395-26 and 395-27 of this chapter.
(2)
No preliminary plat of any proposed subdivision or
large lot subdivision shall be submitted for approval until after
all of the required preliminary plat related documents have been submitted
to the Village for review and approval. The preliminary plat related
documents as referred in this chapter shall include, but not be limited
to, the preliminary engineering plans, profiles and specifications,
preliminary landscape and planting plan, preliminary lighting plan,
declaration of restrictions, covenants and easements, incorporation
documents, organization documents, copies of easement documents, listing
of required county, state and federal permits, traffic impact analysis,
if applicable, and other documents as may be necessary to assist in
the review of the preliminary plat.
B.
Filing. Before filing a final plat of any proposed subdivision or large lot subdivision for approval, the divider shall prepare and file with the Village Planner a preliminary plat of such proposed subdivision or large lot subdivision, together with sufficient copies of the plat for distribution in accordance with this section, a list of the applicable approving authorities under § 236.10, Wis. Stats., and of the applicable objecting authorities under § 236.12, Wis. Stats., and a letter of application and shall pay the preliminary plat review fee to the Village Treasurer. The preliminary plat shall be prepared in accordance with this chapter, and the divider shall file the plat, the list of approving and objecting authorities and the application with the Village at least 40 days prior to the public hearing held by the Village Plan Commission at which consideration is desired. The public hearing shall be noticed by a Class 1 notice under Ch. 985, Wis. Stats. (See exception in Chapter 1, Article III, entitled "Publication and Posting of Notices," of the Village Code.), and notice of such public hearing shall be mailed by first class mail, not less than 10 days prior to the public hearing, to the last known address of the applicant, the owners of the subject lot or site, the owners of all real property located within 300 feet of the subject lot or site and to all other parties of interest as defined in this chapter. Failure of any person to receive actual notice of the request shall not invalidate any action taken by the Village Plan Commission or the Village Board.
[Amended 8-3-2020 by Ord. No. 20-22]
C.
Copies to objecting and approving authorities. The
Village staff shall, within two normal working days after the filing
of the application and the preliminary plat of a proposed subdivision,
transmit copies of the plat to the Kenosha County Planning and Development
Office; the Wisconsin Department of Administration, the Wisconsin
Department of Transportation, if the subdivision abuts or adjoins
a state trunk highway or a connecting street; the Wisconsin Department
of Safety and Professional Services if the subdivision is not served
by public sewer and provision for such sewer has not been made; and
the Wisconsin Department of Natural Resources if shorelands, floodplains
or any lands within 500 feet of the ordinary high-water mark of any
navigable waterways are included in the preliminary plat. The Village
staff may, but shall not be required to, transmit copies of a preliminary
plat of a proposed large lot subdivision to the objecting authorities
for such informal comment as they may choose to make.
[Amended 8-3-2020 by Ord. No. 20-22]
D.
Alternate procedure/subdivisions. In lieu of the procedure set forth in Subsection B above, the divider of any proposed subdivision may, pursuant to § 236.12(2), Wis. Stats., submit the original drawing of a preliminary plat directly to the Wisconsin Department of Administration, which will prepare and forward copies of the plat, at the divider's expense, to the objecting authorities. When the divider elects to use this alternative procedure, the divider shall submit to the Village the additional copies of the preliminary plat provided for by this section and shall otherwise comply with Subsection B above.
[Amended 8-3-2020 by Ord. No. 20-22]
E.
Copies to the Village authorities. The Village staff
shall promptly transmit an electronic pdf copy of the preliminary
plat of any proposed subdivision or large lot subdivision to the Village
Plan Commission, the Village Board and the Village departments, including
Community Development, Fire & Rescue, Engineering, Public Works,
Building Inspection, Police and Administration. In addition, three
full-size paper copies of the preliminary plat of any proposed subdivision
or large lot subdivision shall be transmitted to the Village departments,
including the Community Development (two copies) and Engineering Departments.
Upon receipt of the preliminary plat, these Village departments shall
have 20 days to review the plat and transmit comments concerning matters
within their jurisdiction to the Village Plan Commission.
[Amended 8-3-2020 by Ord. No. 20-22]
F.
Copies to advisory authorities. The Village staff
shall also transmit one copy each of the preliminary plat of any proposed
subdivision or large lot subdivision to the Southeastern Wisconsin
Regional Planning Commission, We Energies, Electric and Gas Divisions,
AT&T or General Telephone and Electronics (GTE), Spectrum/Time
Warner Cable, or any additional telephone or cable companies or their
successors, Kenosha Unified School District, and Kenosha County Public
Works Department, when the proposed subdivision or large lot subdivision
abuts a county trunk highway, for their review and recommendation
concerning matters within their jurisdiction.
[Amended 8-3-2020 by Ord. No. 20-22]
G.
Objections of objecting authorities. The objecting
authorities shall, within 20 days of the date of receiving their copies
of the preliminary plat, notify the Village and all other approving
and objecting authorities of any objections or informal comments.
If there are no objections to the preliminary plat of a proposed subdivision,
the objecting authority shall so certify on the face of a copy of
the plat and shall return that copy to the Village. If an objecting
authority fails to act within such 20 days, it shall be deemed to
have no objection to the plat. If it is unclear from the face of any
objection received by the Village when the objecting authority received
a copy of the preliminary plat and when it acted, any objection received
by the Village within 30 days of the date of original transmission
of copies of the preliminary plat to or for such authority shall be
deemed timely.
H.
Comments by advisory authorities. Upon the receipt
of the preliminary plat, the advisory authorities shall have 20 days
to review the plat and transmit comments to the Village Plan Commission.
I.
Certifications regarding objections. The Village staff
shall certify on the preliminary plat the date on which it was filed,
the date on which the copies were transmitted to the objecting authorities,
the date on which any timely objections were received from the objecting
authorities or that none were received, and whether the objections
were satisfied.
J.
Plan Commission review and recommendation. The Village
Plan Commission shall promptly review the proposed preliminary plat,
after the appropriate objections or comments have been received, for
conformance with this chapter and all applicable statutes, ordinances,
rules, regulations, intergovernmental agreements, and Comprehensive
Plan components, and shall comment on and recommend action on the
proposed preliminary plat. The Plan Commission shall promptly transmit
the plat and its comments and recommendations to the Village Board.
K.
Notification. The Village Plan Commission, pursuant
to § 236.11(2), Wis. Stats., shall provide notice to the
clerk of any incorporated municipality within 1,000 feet of the boundary
of the land included within the land division. (Failure to give such
notice shall not, however, invalidate any action taken pursuant to
this chapter.)
A.
Approval. The Village Board shall, within 90 days
of the date of filing of a preliminary plat, unless the time has been
extended by agreement with the divider, approve, approve conditionally,
or reject such plat.
B.
Written statement. If the preliminary plat is approved
conditionally or rejected, the conditions of approval or reasons for
rejection shall be stated in the minutes of the meeting and a written
statement of the conditions of approval or reasons for rejection shall
be promptly forwarded to the divider.
C.
Satisfaction of objections. No plat of subdivision
shall be approved or deemed to be approved until any timely objections
from objecting authorities shall have been satisfied.
D.
File copies. One copy each of the preliminary plat,
as acted on by the Village Board, and of the written statement of
the conditions of approval or reasons for rejection, if any, shall
be placed in the Village Community Development Department's permanent
file.
E.
Failure to act timely. Failure of the Village Board
to approve, approve conditionally or reject the preliminary plat within
90 days from the date of filing of the complete application for a
preliminary plat shall constitute an approval of the plat as filed,
unless the review period is extended by agreement with the divider,
or unless timely objections of objecting authorities to a subdivision
plat have not been satisfied.
F.
Effect on approval. Approval or conditional approval
of a preliminary plat shall not constitute automatic approval of the
final plat, but if the final plat is submitted within 36 months of
the last required preliminary plat approval under § 236.25(2)(b),
Wis. Stats., and conforms substantially to the preliminary plat as
approved, including any conditions of preliminary plat approval, and
to local plans and ordinances adopted at the time the preliminary
plat was approved as authorized by law, the final plat shall be entitled
to approval. In addition, the Village Board may extend the time frame
of such approval, prior to the expiration.
[Amended 8-16-2010 by Ord. No. 10-47]
A.
Preconditions to filing.
(1)
No final plat of any proposed subdivision or large
lot subdivision shall be submitted for approval until after a preliminary
plat of such subdivision or large lot subdivision shall have been
duly approved and all conditions have been timely satisfied pursuant
to the conditional preliminary plat approval in accordance with the
provisions of this chapter.
(2)
No final plat of any proposed subdivision or large
lot subdivision shall be submitted for approval until after all of
the required final plat related documents have been submitted to the
Village for review and approval. The final plat related documents
as referred in this chapter shall include, but not be limited to,
the engineering plans, profiles and specifications, landscape and
planting plan and related cost estimates and contractor's certificate
of insurance, signage plan (prepared by the Village), lighting plan
and related cost estimates and contractor's certificate of insurance,
signed contracts, contractor's performance and payment bonds, contractor's
certificates of insurance, declaration of restrictions, covenants
and easements, association incorporation documents, bylaws, title
commitment policy, organization documents, financial commitment from
the lending institution, copies of easement documents, county, state
and federal permit approvals, etc.
B.
Filing. The divider shall prepare and file with the Village a final plat of any proposed subdivision or large lot subdivision, together with sufficient copies for distribution in accordance with this section, a list of the applicable approving authorities under § 236.10, Wis. Stats., and of the applicable objecting authorities under § 236.12, Wis. Stats., and a letter of application and shall pay the final plat review fee to the Village Treasurer. The final plat shall be prepared in accordance with this chapter, and the divider shall file the plat, the list of approving and objecting authorities and the application with the Village at least 40 days prior to the public hearing held by the Village Plan Commission at which consideration is desired. The public hearing shall be noticed by a Class 1 notice under Ch. 985, Wis. Stats. (See exception in Chapter 1, Article III, entitled "Publication and Posting of Notices," of the Village Code.), and notice of such public hearing shall be mailed by first class mail, not less than 10 days prior to the public hearing, to the last known address of the applicant, the owners of the subject lot or site, the owners of all real property located within 300 feet of the subject lot or site and to all other parties of interest as defined in this chapter. Failure of any person to receive actual notice of the request shall not invalidate any action taken by the Village Plan Commission or Village Board.
[Amended 8-3-2020 by Ord. No. 20-22]
C.
Copies to objecting and approving authorities. The
Village staff shall, within two normal working days after the filing
of the application and the final plat of a proposed subdivision, transmit
copies of the plat to the Kenosha County Planning and Development
Office, the Wisconsin Department of Transportation, if the subdivision
abuts or adjoins a state trunk highway or a connecting street; the
Wisconsin Department of Safety and Professional Services 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
shorelands, wetlands, floodplains or lands within 500 feet of the
ordinary high-water mark of any navigable waterway are included in
the final plat. The divider shall transmit the original final plat
and related fees directly to the Wisconsin Department of Administration
for approval. The Village may, but shall not be required to, transmit
copies of the final plat for a proposed large lot subdivision to the
objecting authorities for such informal comment as they choose to
make.
[Amended 8-3-2020 by Ord. No. 20-22]
D.
Alternate procedure/subdivisions. In lieu of the procedure set forth in Subsection B above, the divider of any proposed subdivision may, pursuant to § 236.12(2), Wis. Stats., submit the original drawing of the final plat directly to the Wisconsin Department of Administration, which will prepare and forward copies of the plat, at the divider's expense, to the objecting authorities. When the divider elects to use this alternative procedure, the divider shall submit to the Village the additional copies of the final plat provided for by this section and shall otherwise fully comply with Subsection B above.
[Amended 8-3-2020 by Ord. No. 20-22]
E.
Copies to the Village authorities. The Village staff
shall promptly transmit an electronic pdf copy of the final plat of
any proposed subdivision or large lot subdivision to the Village Plan
Commission, the Village Board and the Village departments, including
Community Development, Fire & Rescue, Engineering, Public Works,
Building Inspection, Police and Administration. In addition three
full-size paper copies of the preliminary plat of any proposed subdivision
or large lot subdivision shall be transmitted to the Village departments,
including the Community Development (two copies) and Engineering Departments.
Upon receipt of the final plat, these Village departments shall have
20 days to review the plat and transmit comments concerning matters
within their jurisdiction to the Village Plan Commission.
[Amended 8-3-2020 by Ord. No. 20-22]
F.
Copies to advisory authorities. The Village staff
shall also transmit one copy each of the final plat of any proposed
subdivision or large lot subdivision to the Southeastern Wisconsin
Regional Planning Commission, We Energies, Electric and Gas Divisions,
AT & T or GTE, Spectrum/Time Warner Cable, or any additional telephone
or cable companies and their successors, Kenosha Unified School District
and Kenosha County Public Works Department, when the proposed subdivision
or large lot subdivision abuts a county trunk highway, for their review
and recommendation concerning matters within their jurisdiction.
[Amended 8-3-2020 by Ord. No. 20-22]
G.
Objections of objecting authorities. The objecting
authorities shall, within 20 days of the date of receiving their copies
of the final plat, notify the Village, the divider and all other approving
and objecting authorities of any objections or informal comments.
If there are no objections to the final plat of proposed subdivision,
the objecting authority shall so certify on the face of a copy of
the plat and shall return that copy to the Village. If an objecting
authority fails to act within 20 days, it shall be deemed to have
no objection to the plat. If it is unclear from the face of any objection
received by the Village when the objecting authority received a copy
of the final plat and when it acted, any objection received by the
Village within 30 days of the date of original transmission of copies
of the final plat to or for such authority shall be deemed timely.
H.
Comments by advisory authorities. Upon receipt of
the final plat, the advisory authorities shall have 20 days to review
the plat and transmit comments to the Village Plan Commission.
I.
Certification of objections. The Village staff shall
certify on the final plat the date on which it was filed, the date
on which the copies were transmitted to the objecting authorities,
the date on which any timely objections were received from the objecting
authorities or that none were received, and whether the objections
were satisfied.
J.
Plan Commission review and recommendation. The Village
Plan Commission shall, within 40 days of the date of the filing of
a complete application of the proposed final plat, review the proposed
final plat as to its conformance with the approved preliminary plat,
any conditions of the approval of the preliminary plat, this chapter
and other applicable statutes, ordinances, rules, regulations, intergovernmental
agreements and Comprehensive Plan components and shall comment and
recommend action on the proposed final plat. The Plan Commission shall
promptly transmit the plat and its comments and recommendations to
the Village Board.
K.
Staged final platting. If permitted by the Village Board, the approved preliminary plat may be final platted in stages, with each stage encompassing only that portion of the approved preliminary plat which the divider proposes to record at one time and with respect to which the divider proposes to install all required public improvements in one stage. Each such stage shall be designated as a stage of the approved preliminary plat. Timely compliance by a divider with an approved staging plan (see § 395-19E of this chapter) shall extend the thirty-six-month period within which a final plat is entitled to approval if it conforms substantially to the approved preliminary plat, including any conditions of that approval, and to the local plans and ordinances authorized by law.
[Amended 8-3-2020 by Ord. No. 20-22]
A.
Time of filing. If a complete application for the final plat and related documents as noted in § 395-30A(2) are not filed for approval within 36 months of the last required approval of the preliminary plat, the Village Board may refuse to approve the final plat, unless the divider shall have timely complied with an approved staging plan. (See §§ 395-30K and 395-19E of this chapter.)
[Amended 8-3-2020 by Ord. No. 20-22]
B.
Village Board action. The Village Board shall, within
60 days of the date of filling of a final plat, unless the time has
been extended by agreement with the divider, approve, approve conditionally
or reject the plat. Ten days prior, written notice shall be given
to the clerk of any incorporated municipality whose boundary is within
1,000 feet of any land included within a proposed final plat of the
Village Board's intention to consider approval of such a plat, but
failure to give such notice shall not invalidate any action taken
under this chapter.
C.
Written statement. If the final plat is approved conditionally
or rejected, the conditions of approval or reasons for rejection shall
be stated in the minutes of the meeting and a written statement shall
be promptly mailed to the divider.
D.
Failure to act timely. Failure of the Village Board
to approve, approve conditionally or reject a final plat within 60
days of the filing of a complete application of a final plat, the
time having not been extended by agreement with the divider and no
unsatisfied objections from objecting authorities having been filed,
the final plat shall be deemed approved, and, upon demand, a certificate
to that effect shall be made on the face of the plat by the Village
Clerk.
E.
Satisfaction of conditions. The divider shall submit
to the Village Board proof of satisfaction of all conditions imposed
by the Board within six months, or such other time period as the Board
may prescribe, after the Board's conditional approval. The Village
Board shall grant final approval when all such conditions are satisfied.
Until all such conditions are satisfied and the Board has granted
final approval, the final plat shall not be certified as approved
and shall not be recorded.
F.
Final approval. Upon granting final approval and satisfaction
of all of the conditions of this chapter, the Village Board shall
cause the Village President and Clerk to certify the final approval
on the face of the original plat and promptly return the plat to the
divider for recording.
G.
Final approval upon conditions. To facilitate the
signing of the development agreement entered into by and between the
divider/developer and the Village, the Village Board may grant final
approval conditioned upon satisfaction of specified ministerial conditions
and the filing of proof of such satisfaction within a short period
of time, not to exceed seven business days following the Village Board
conditional approval. The Board shall specify the date and time by
which such conditions shall be satisfied and shall designate the Village
official(s) to whom proof of satisfaction shall be delivered. The
Village Board or the Village Treasurer may require that any payments
made to satisfy a condition imposed under this subsection be made
in cash or by certified or cashier's check. Upon the timely satisfaction
of all such conditions, and the timely filing of proof of such satisfaction,
the Board's final approval shall be effective, and the Village President
and Clerk shall promptly certify the Board's final approval upon the
face of the original plat. The plat shall then be promptly returned
to the divider/developer for recording. If the specified conditions
are not timely satisfied, or if proof of satisfaction of the specified
conditions is not timely filed, the Board's approval shall be automatically
suspended. In such event, the Village President and Clerk shall not
certify the Board's final approval upon the final plat, and the final
plat shall be returned to the Board for further action.
H.
Recordation. The divider/developer shall record the finally approved final plat with the Kenosha County Register of Deeds within 12 months after the last required approval and 36 months from the first (preliminary plat) approval. The developer shall not commence construction on the required public or private improvements until such time as the final plat is recorded and file copies as specified in § 395-31I are provided to the Village.
[Amended 8-16-2010 by Ord. No. 10-47]
I.
File copies. The divider/developer shall promptly file three copies of the recorded final plat with the Village for the permanent records of the Village Community Development Department. If the final plat is not recorded within the time frame as specified in § 395-31H above, the final plat shall be resubmitted to the Village Plan Commission and the Village Board for reapproval.
[Amended 8-16-2010 by Ord. No. 10-47]
A.
Filing.
(1)
For land divisions not requiring the installation
of required public improvements, the divider shall prepare a certified
survey map of any proposed minor land division, a list of approving
authorities and a letter of application, in accordance with the provisions
of this chapter, and shall file the original and three copies of the
certified survey map, the list and the letter of application with
the Village, and shall pay to the Village Treasurer the required certified
survey map fee, at least 30 days prior to the meeting of the Plan
Commission at which the recommending action is desired.
(2)
For land divisions requiring the installation of required
public improvements, the divider shall submit a draft certified survey
map of any proposed minor land division, the required fees and an
application, in accordance with the provisions of this chapter, and
shall file the draft and 10 copies of the certified survey map, the
fee and application with the Village and shall pay to the Village
Treasurer the required certified survey map and development agreement
fee and certified survey map related documents for review. The certified
survey map documents referred to in this chapter shall include, but
not be limited to, the engineering plans, profiles and specifications;
landscape and planting plans, cost estimates and certificates of insurance;
signage plans and cost estimates; lighting plan, cost estimates and
certificates of insurance; signed contracts; performance and payment
bonds and certificates of insurance; declaration of restrictions,
covenants and easements; bylaws; title commitment policy; organization
documents; financial commitment from the lending institution; copies
of easement documents; and county, state and federal permits and approvals,
etc.
B.
Preconditions to filing. No certified survey map shall be filed for approval until after the divider shall have fully complied with §§ 395-25, 395-26 and 395-27 of this chapter and until after any required neighborhood sketch plan review and approval or conceptual plan review and approval have been completed and all conditions have been satisfied.
C.
Land to be included. The certified survey map shall
include all of the contiguous land which is owned or controlled by
the divider (or by the owner if the divider and the owner are not
the same).
D.
Copies to approving authorities. The Village staff
shall transmit an electronic pdf copy of the certified survey map,
list of approving authorities and letter of application to the Village
Plan Commission and to the Village Board, as well as copies to any
approving authority other than the Village Board.
[Amended 8-3-2020 by Ord. No. 20-22]
E.
Copies to miscellaneous authorities. The Village staff
shall promptly transmit copies of the certified survey map to all
affected Village departments and agencies for their comments and recommendations
concerning matters within their jurisdiction. Copies may also be transmitted
to the Kenosha County Conservation Committee and to the Southeastern
Wisconsin Regional Planning Commission for review and comment or any
other advisory authorities. Comments and recommendations shall be
transmitted to the Village Plan Commission within 20 days from the
date the final certified survey map is filed and all final documents
are submitted.
[Amended 5-17-2021 by Ord. No. 21-09; 8-16-2021 by Ord. No. 21-18]
F.
Copies to county planning. The Village staff shall
promptly transmit two copies of the certified survey map to the Kenosha
County Planning and Development Office to verify and/or complete an
affidavit of verification of holding tank rights for the property,
when applicable.
G.
Plan Commission review. The certified survey map shall
be reviewed by the Village Plan Commission for conformance with this
chapter and with all applicable statutes, ordinances, rules, regulations,
intergovernmental agreements, and Comprehensive Plan components.
H.
Plan Commission recommendation. The Village Plan Commission
shall, within 60 days from the date of filing of the final certified
survey map, recommend approval, conditional approval or rejection
of the certified survey map and shall promptly transmit the map along
with its recommendations to the Village Board.
[Amended 8-3-2020 by Ord. No. 20-22]
I.
Village Board action. The Village Board shall approve,
approve conditionally or reject the final certified survey map within
90 days from the date of filing of the final map unless the time is
extended by agreement with the divider/developer.
[Amended 8-3-2020 by Ord. No. 20-22]
J.
Deferral of improvements, dedications or fees.
(1)
Deferral authority. The Village Board may defer until
the occurrence of a specified event (e.g., the filing of an application
for a building permit with respect to a specified lot, or the filing
of a certified survey map to further divide a specified lot) any requirement
in this chapter to provide and pay for required public improvements,
or any requirements to make dedications of land or interests in land,
or any requirement to pay fees regarding items such as school sites,
park sites or stormwater management projects, with respect to any
lot of a minor land division that is not intended to be developed,
improved or further divided.
(2)
Required findings. Such a deferral shall only be allowed,
however, if the Board expressly finds that there are special circumstances
justifying the extraordinary act of deferral, the deferral will not
adversely affect the public health, safety or welfare, substantial
unnecessary hardship will be avoided, and, with respect to any deferral
of required public improvements or of required dedications, that a
conveyance of any lot(s) in the minor land division prior to the occurrence
of the specified event will not make satisfaction of existing or anticipated
public improvement or dedication requirements impossible or difficult
to achieve.
(3)
Required condition/recorded restriction. Whenever
the Board permits the deferral of any requirement under this subsection,
it shall require that a statement of restrictions similar to the following
statement, but appropriately modified to fit the particular circumstances
and approved as to form by the Village Attorney, appear on the face
of the recorded certified survey map as a condition to final approval
of the certified survey map:
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Lot(s) _____ shall not be developed or improved
in any way, and no zoning, building or occupancy permit shall be issued
by the Village with respect to any such lot(s), until such time as
[specified public improvements] are constructed and installed in accordance
with the then-current provisions of the Village of Pleasant Prairie's
Land Division and Development Control Ordinance, free of charge to
the Village and free of any liens or encumbrances, and/or until such
time as dedications of [specified interests in land for specified
purposes] are made to the Village in accordance with the then-current
provisions of such ordinance, free of charge to the Village and free
of any liens or encumbrances, and/or until such time as [specified
fees] are paid to the Village Treasurer in accordance with then-current
provisions of such ordinance. This restriction shall run with the
land, shall benefit and be enforceable by the Village of Pleasant
Prairie, and shall be removed or modified only upon the express approval
of the Village Board and the recording of an affidavit evidencing
such approval, signed by the Village President and attested by the
Village Clerk.
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K.
Removal of restrictions. At such time as all conditions to the removal of any restrictions imposed pursuant to Subsection J have been satisfied, the Village Board shall promptly approve the removal of such restrictions and cause an affidavit evidencing such approval to be signed by the Village President and attested by the Village Clerk and recorded with the Register of Deeds for Kenosha County, Wisconsin.
L.
Written statement. If the certified survey map is
approved conditionally or rejected, the conditions of approval or
reasons for rejection shall be stated in the minutes of the meeting
and a written statement shall be promptly mailed to the divider.
M.
Satisfaction of conditions. The divider shall submit
to the Village Board proof of satisfaction of all conditions imposed
by the Board within six months, or within such other period of time
as the Board may prescribe, after notification of the conditional
approval. The Village Board shall grant final approval when all such
conditions are satisfied. Until all such conditions are satisfied,
the certified survey map shall not be certified as approved by the
Village Clerk and shall not be recorded.
N.
Certification of approval. Upon granting final approval
of the certified survey map, the Village Board shall cause the Village
Clerk to certify the Board's approval on the face of the original
map and promptly return the map to the divider for recording.
O.
Final approval upon conditions. To facilitate the
signing of the development agreement entered into by and between the
divider and the Village, the Village Board may grant final approval
conditioned upon satisfaction of specified ministerial conditions
and the filing of proof of such satisfaction within a short period
of time, not to exceed seven business days. The Board shall specify
the date and time by which such conditions shall be satisfied and
designate the Village official(s) to whom proof of such satisfaction
shall be delivered. Upon the timely satisfaction of all such conditions,
and the timely filing of proof of such satisfaction, the Village Board's
final approval shall be effective, and the Village President and Clerk
shall promptly certify the Board's final approval upon the face of
the original map. The certified survey map shall then be promptly
returned to the divider for recording. If the specified conditions
are not timely satisfied, or if proof of satisfaction of the specified
conditions is not timely filed, the Board's approval shall be automatically
suspended. In such event, the Village President and Clerk shall not
certify the Board's final approval upon the map, and the map shall
be returned to the Board for further action.
P.
Recordation. The divider shall record the final approved
certified survey map with the Kenosha County Register of Deeds within
12 months after the date of the last approval of the certified survey
map and within 36 months after the date of the first approval of the
certified survey map.
[Amended 8-3-2020 by Ord. No. 20-22]
Q.
File copies. The divider shall promptly file one copy
of the recorded certified survey map with the Village for the permanent
records of the Village Community Development Department.
R.
Failure to act. Upon failure of the Village Board
to approve, approve conditionally or reject a proposed certified survey
map within 90 days of the filing of the map, the time having not been
extended by agreement with the divider, the map shall be deemed approved,
and, upon demand, a certificate to that effect shall be made on the
face of the map by the Village Clerk.
[Amended 8-3-2020 by Ord. No. 20-22]
When a divider proposes to replat or vacate
a recorded plat or certified survey map, or part thereof, the divider
shall first comply with §§ 236.36 through 236.44, Wis.
Stats., to the extent applicable. The divider shall then proceed in
accordance with the provisions of this chapter. A replat fee shall
be charged to the divider/developer to defer the administrative processing
costs of the replat review.
