It is recommended that, prior to the filing
of an application for the approval of a preliminary plat, the subdivider
consult with the Village Plan Commission and/or its staff in order
to obtain their advice and assistance. This consultation is neither
formal nor mandatory, but is intended to inform the subdivider of
the purpose and objectives of these regulations, the comprehensive
plan, comprehensive plan components, neighborhood plan, 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.
Before submitting a final plat for approval,
the subdivider shall prepare a preliminary plat and letter of application.
The preliminary plat shall be prepared in accordance with this chapter,
and the subdivider shall file an adequate number of copies of the
plat and the application with the Village Administrator at least seven
days prior to the meeting of the Village Plan Commission at which
consideration is desired. In addition:
A.Â
The subdivider shall, pursuant to § 236.12(6)
of the Wisconsin Statutes, submit the original drawing of the preliminary
plat directly to the Wisconsin Department of Administration, Plat
Review, who will prepare and forward copies of the plat at the subdivider’s
expense to the objecting agencies. It shall be the responsibility
of the subdivider to submit the number of copies required. Proof of
submittals shall be supplied to the Village Administrator.
B.Â
The subdivider shall also transmit one copy of the
preliminary plat to the Ozaukee County Land Conservation Committee,
Southeastern Wisconsin Regional Planning Commission, the gas company,
the electric power company, the telephone company, and Port Washington/Saukville
School District for their review and recommendation concerning matters
within their jurisdiction. Their recommendations shall be transmitted
to the Village Plan Commission within 20 days from the date the plat
is filed.
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 not objections, they shall so certify on
the face of the copy of the plat and shall return that copy to the
Village Clerk. If an objecting agency fails to act within 30 days,
it shall be deemed to have no objection to the plat.
A.Â
The Village Plan Commission shall, within 90 days
of the date of filing of the preliminary plat with the Village Clerk,
approve, approve conditionally, or reject such plat. One copy of the
plat shall thereupon be returned to the subdivider with the date and
action endorsed thereon; and if approved conditionally or rejected,
a letter setting for the conditions of approval or the reasons for
rejection shall accompany the plat. One copy each of the plat and
letter shall be placed in the Village Plan Commission’s permanent
file.
B.Â
Failure of the Village Plan Commission to act within
90 days shall constitute an approval of the plat as filed unless the
review period is extended by mutual consent.
C.Â
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 indicated in § 236.11(1)(b) of the Wisconsin Statutes,
the final plat shall be entitled to approval with respect to such
layout. 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 Village Plan Commission at the time of its submission.
The subdivider shall prepare a final plat and
a letter of application in accordance with this chapter and shall
file an adequate number of copies of the plat and the application
with the Village Administrator at least 10 days prior to the meeting
of the Village Plan Commission at which action is desired. In addition:
A.Â
The subdivider shall, pursuant to § 236.12(6)
of the Wisconsin Statutes, submit the original drawing of the final
plat directly to the Wisconsin Department of Administration, Plat
Review, who will prepare and forward copies of the plat at the subdivider’s
expense to the objecting agencies. It is the responsibility of the
subdivider to submit sufficient additional copies of the final plat
to the Village Administrator for review by the Village Plan Commission.
Proof of submittals shall be supplied to the Village Administrator.
B.Â
The Village 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, comprehensive plans, and comprehensive
plan components which may affect it and shall recommend approval or
rejection of the plat to the Village Board.
C.Â
Partial platting. If permitted by the Village Board,
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 proposed 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 Plan Commission.
If an objecting agency fails to act within 20 days, it shall be deemed
to have no objection to the plat. In addition:
A.Â
Submission. If the final plat is not submitted within
24 months of the last required approval of the preliminary plat, the
Village Board may refuse to approve the final plat.
B.Â
The Village Plan Commission shall, within 30 days
of the date of filing of the final plat with the Village Administrator,
recommend approval or rejection of the plat and shall transmit the
final plat and application along with its recommendations to the Village
Board.
C.Â
Notification. The Village Plan commission shall, at
the time it recommends approval or rejection of a plat to the Village
Board, give at least 10 days’ prior written notice of its recommendation
to the clerk of any municipality within 1,000 feel of the plat.
D.Â
Failure of the Village Board to take action on the
plat 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.
E.Â
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 is filed, the
Village Administrator shall cause the certificate inscribed upon the
plat attesting to such approval to be duly executed and the Village
Administrator shall record the plat with the County Register of Deeds.
The Register of Deeds shall not record the plat unless it is offered
within six months from the date of the last approval.
F.Â
Copies. The subdivider shall file 10 copies of the
recorded final plat with the Village Administrator for distribution
to the Village Engineer, Building Inspector, Assessor, and other affected
departments for their files.
G.Â
Electronic submittals. The subdivider shall submit
to the Village all the subdivision plat and infrastructure improvement
data in an electronic format approved by the Village. As-built electronic
data submittals for underground improvements shall be furnished and
fully integrated with the Village’s Geographic Information System
(GIS) upon completion of each subdivision phase and prior to acceptance
of all underground improvements (water, sanitary sewer and storm sewer).
In the event that the subdivider’s digital as-built and survey
data cannot be successfully integrated into the Village’s GIS,
the subdivider shall be required to pay the Village’s GIS consultant
for such as-built services as the consultant deems necessary to integrate
said data.
[Amended 10-11-2005 by Ord. No. 644]
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 Article XI of this chapter), the subdivider may subdivide by use of a certified survey map. The certified survey map shall include all parcels of land 10 acres or less in area and may, at the owner’s discretion, include any other parcels containing more than 10 acres. The subdivider shall prepare the certified survey map in accordance with this chapter and shall file sufficient copies of the map and the letter of application with the Village Administrator at least 10 days prior to the meeting of the Village Plan Commission at which action is desired.
A.Â
Preapplication conference similar to the consultation suggested in § 176-19 of this chapter is recommended. A preliminary certified survey map may be required when the division provides for land to be dedicated to the public.
B.Â
The Village Administrator shall, within two normal
work days after filing, transmit the copies of the map and letter
of application to the Village Plan Commission.
C.Â
The Village Plan Commission shall transmit a copy
of the map to all affected Village boards, commissions and/or departments
for their review and recommendations concerning matters within their
jurisdictions. Copies may also be transmitted to the Ozaukee County
Land Conservation Committee and to the Southeastern Wisconsin Regional
Planning Commission for review and comment. Their recommendations
shall be transmitted to the Village Plan Commission within 20 days
from the date the map is filed. The Map shall be reviewed by the Village
Plan Commission for conformance with this chapter and all ordinances,
rules, regulations, comprehensive plans, and comprehensive plan components,
and neighborhood plans.
D.Â
The Village Plan Commission shall, within 60 days
from the date of filing of the map, recommend approval, conditional
approval or rejection of the map, and shall transmit the map long
with its recommendations to the Village Board.
E.Â
The Village Board shall approve, approve conditionally
and thereby require resubmission of a corrected map, or reject such
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 Administrator to so certify
on the face of the original map and return the map to the subdivider.
F.Â
Recordation. After the certified survey map has been
approved by the Village Board, the Village Administrator shall cause
the certificate to be inscribed upon the map attesting to such approval
and the Village Administrator shall record the map with the County
Register of Deeds. The Register of Deeds shall not record the map
unless it is offered within six months from the date of the last approval.
G.Â
Copies. The subdivider shall file 10 copies of the
certified survey map with the Village Administrator for distribution
to the Village Engineer, Building Inspector, Assessor, and other affected
departments for their files.
[Amended 8-21-2007 by Ord. No. 670]
When it is proposed to divide lands located in the unincorporated area within 1 1/2 miles of the corporate limits of the Village of Saukville, the subdivider shall proceed as specified in §§ 176-19 through 176-24 of this chapter, and entirely subject to the following:
A.Â
The Village of Saukville strongly supports the policies
of the Town of Saukville and Ozaukee County that advocate preservation
of working farms, the rural character of large open spaces, natural
resource preservation and restricted residential development, particularly
where municipal sewer and water services are unlikely to be available.
Land divisions proposed in the Village's extraterritorial planning
area to accommodate new residential, commercial, and other nonagricultural
uses, or that have the effect of destroying or limiting the economic
viability of working farms and are intended to create parcels less
than 35 acres in size, are prohibited as they result in sprawling
development patterns in rural spaces and farm areas surrounding the
Village in conflict with the comprehensive plans of both the Village
of Saukville and Ozaukee County. Such uses, unlikely to be served
by public sanitary sewer and public water service, pose severe restrictions
on Village and county efforts to create and plan for orderly development
and will contribute to a diminishment of water quality in the region.
Exceptions may be considered for remnant lots less than 35 acres when
created for the benefit of any city, town, village, school district,
or any agency or instrumentality of the state, for public use. Conditional
exceptions may also be considered when a documented, factual hardship
is found to exist for a property owner if a proposed land division
were to be denied.
B.Â
Specific criteria for review (approval/denial) of
preliminary extraterritorial land divisions, as provided below, must
be considered. The proposal may be denied if any of the following
result:
(1)Â
Specific criteria for agricultural land division.
Does the proposal:
(a)Â
Reduce or diminish the continuation of viable
or economically significant agricultural land use of the property?
(b)Â
Adversely impact or create incompatible uses
in relation to neighboring farm operations?
(c)Â
Limit views, reduce potential access to natural
resources, or in other ways diminish the quality of open space or
the rural character of the property?
(d)Â
Have the effect of circumventing, restricting
or blocking planned land uses or other elements of the Village of
Saukville's Comprehensive Plan, including Official Map elements?
(e)Â
While not changing use or zoning, have the effect
of undermining the long-term sustainability of the existing farm operation?
(2)Â
Specific criteria for single-family non-farm residences.
Does the proposal:
(a)Â
Suggest privately sewered residential development
on soils that place limitations on basement construction and septic
field absorption?
(b)Â
Result in development on parcels less than 35
acres?
(c)Â
Suggest development on land where the property
may be adversely affected by high groundwater or periodic flooding?
(3)Â
Specific criteria for commercial/industrial. Does
the proposal:
(a)Â
Fail to arrange for obtaining the full range
of urban services? Businesses requiring significant water resources,
large septic facilities, or require fire protection supported by a
public system with hydrants should be directed to the Village.
(b)Â
Fail to address a broad public interest such
as resource conservation or development of transportation-related
facilities where there is a demonstrable public benefit or need?
(c)Â
Fail to identify intended development of limited
rural businesses that are supportive of agricultural uses?
(4)Â
Specific criteria for mineral extraction. Land division
to accommodate mineral extraction within the Village extraterritorial
jurisdiction may not be approved unless:
(a)Â
The establishment, maintenance, or operation
of the site does not impair the uses, values, and enjoyment of other
property in close proximity.
(b)Â
The establishment, maintenance, or operation
of the site shall not diminish or endanger public health, safety,
comfort or general welfare.
(c)Â
The location of the site shall not impede the
normal and orderly development of permitted uses on surrounding property.
(d)Â
A reclamation plan shall be submitted to the
Village and approved for the site.
C.Â
The Village Plan Commission shall require all requests
for review of preliminary extraterritorial land division proposals
to meet the preapplication and submittal process requirements as identified
in this chapter.
D.Â
Transmittal responsibility. The proposing subdivider
shall be responsible for transmitting copies of the plat or map proposing
any land division within the Village's extraterritorial plat jurisdiction
to the designated planning and reviewing agencies of the affected
town, Village of Saukville and Ozaukee County. The subdivider shall
confirm in his letter of application to the Village that such transmittals
have taken place.
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 of the Wisconsin Statutes. The subdivider, or person wishing to replat, shall then proceed as specified in § 176-19 through § 176-23. The Village Administrator shall schedule a public hearing before the Village Plan Commission when a preliminary plat of a replat of lands within the Village or its extraterritorial jurisdictional limits 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.
