Before filing a preliminary plat or certified
survey map (minor land division), the subdivider is encouraged to
consult with the Plan Commission for advice regarding general subdivision
requirements. Information on meeting dates, agenda deadlines and filing
requirements may be obtained from the Town Clerk. 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 and duly adopted plan implementation
devices of the Town and to otherwise assist the subdivider in planning
his development. In so doing, both the subdivider and planning agency
may reach mutual conclusions regarding the general program and objectives
of the proposed development and its possible effects on the neighborhood
and community. The subdivider will gain a better understanding of
the subsequent required procedures.
A.
Submission. Before submitting a final plat for approval,
the subdivider shall prepare a preliminary plat and a letter of application.
The subdivider shall submit an adequate number of copies of the preliminary
plat. The preliminary plat shall be prepared in accordance with this
chapter, and the subdivider shall file copies of the plat and the
application as required by this section with the Town Clerk at least
25 days prior to the meeting of the Plan Commission at which action
is desired. The Town Clerk shall submit a copy of the preliminary
plat to the Town Engineer for review and written report of his recommendations
and reactions to the proposed plat.[1]
B.
Public improvements, plans and specifications. Simultaneously
with the filing of the preliminary plat or map, the owner shall file
with the Town Clerk three complete sets of engineering reports and
plans for the construction of any public improvements required by
this chapter, specifically addressing sewer and water service feasibility,
drainage facilities, traffic patterns, typical street cross sections,
erosion control plans, pavement design and other improvements necessary
in the subdivision.
C.
Property owners' association; restrictive covenants.
A draft of the legal instruments and rules for proposed property owners'
associations, when the subdivider proposes that common property within
a subdivision would be either owned or maintained by such an organization
of property owners or a subunit of the Town pursuant to § 236.293,
Wis. Stats., and proposed deed restrictions or restrictive covenants,
shall be submitted at the time of filing the preliminary plat with
the Town Clerk.
D.
Affidavit. The surveyor preparing the preliminary
plat shall certify on the face of the plat that it is a correct representation
of all existing land divisions and features and that he has fully
complied with the provisions of this chapter.
E.
Supplementary data to be filed with preliminary plat.
The following shall also be filed with the preliminary plat:
(1)
Use statement. A statement of the proposed use of
lots stating type of residential buildings with number of proposed
dwelling units and types of business or industry so as to reveal the
effect of the development on traffic, fire hazards and congestion
of population;
(2)
Zoning changes. If any zoning changes are contemplated,
the proposed zoning plan for the areas, including dimensions; and
(3)
Area plan. Where the subdivider owns property adjacent
to that which is being proposed for the subdivision, the Plan Commission
and/or Town Board may require that the subdivider submit a preliminary
plat of the remainder of the property so as to show the possible relationships
between the proposed subdivision and future subdivision. In any event,
all subdivisions must be shown to relate well with existing or potential
adjacent subdivisions.
F.
Street plans and profiles. The subdivider shall provide
street plans and profiles showing existing ground surface and proposed
and established street grades, including extensions for a reasonable
distance beyond the limits of the proposed subdivision when requested.
G.
Soil testing. The subdivider shall, at the request of the Town Board or Plan Commission, provide a preliminary soils report, listing the types of soil in the proposed subdivision, their effect on the subdivision and a proposed soil testing and investigation program. Pursuant to the public policy concerns prescribed in § 350-8, the Town Board may require that borings and soundings be made in specified areas to ascertain subsurface soil, rock and water conditions, including depth to bedrock and depth to groundwater table.
H.
Referral to other agencies.[2]
(1)
The Town Clerk shall, within two days after filing,
transmit four copies to the County Planning Agency and two copies
for each of the state agencies required to review the plat to the
Department of Administration, which shall transmit two copies to the
Department of Transportation if the subdivision abuts or adjoins a
state trunk highway or connecting highway and two copies to the Department
of Commerce if the subdivision is not served by a public sewer and
provision for that service has not been made. One copy shall be submitted
to the City of West Bend or the Village of Newburg if the lands to
be platted lie within the extraterritorial jurisdiction of either
of these municipalities, and three copies shall be transmitted to
the Town Plan Commission. The County Planning Agency, Department of
Administration, Department of Transportation, Department of Commerce,
City of West Bend and Village of Newburg shall be hereinafter referred
to as "objecting agencies."
(2)
Within 20 days of the date of receiving the copies of the plat, any state or county agency having authority to object under Subsection H(1) above shall notify the subdivider and all approving or objecting authorities of any objection, except that the Wisconsin Department of Administration has 30 days in which to make objections, based upon failure of the plat to comply with the statutes or rules which its examination is authorized to cover, or, if all objections have been satisfied, it shall so certify on the face of a copy of the plat and return that copy to the approving authority from which it was received. The plat shall not be approved or deemed approved until any objections have been satisfied. If the objecting agency fails to act within the twenty-day limit, or thirty-day limit in the case of the Department of Administration, it shall be deemed to have no objection to the plat.
I.
Drafting standards. The subdivider shall submit to
the Town Clerk and to those agencies having the authority to object
to plats under provisions in Ch. 236, Wis. Stats., copies of a preliminary
plat (or certified survey) based upon an accurate exterior boundary
survey by a registered land surveyor which shall show clearly the
proposed subdivision at a scale of not more than one inch per 100
feet having two-foot contour intervals, shall identify the improvements
(grading, tree planting, paving, installation of facilities and dedications
of land) and easements which the subdivider proposes to make and shall
indicate by accompanying letter when the improvements will be provided.
Any proposed restrictive covenants for the land involved shall be
submitted.
A.
Plan Commission recommendation.
(1)
After review of the preliminary plat and negotiations
with the subdivider on changes and the kind and extent of public improvements
which will be required, the Plan Commission shall recommend to the
Town Board disapproval, approval or conditional approval of the preliminary
plat within 40 days of the filing date. [Note: Section 236.11(1)(a),
Wis. Stats., states that extensions of time or a decision to hold
a matter in abeyance may only be made by agreement of the subdivider
and Town Board, not the Plan Commission.]
(2)
The Town Clerk shall give notice of the Plan Commission's
review of the preliminary plat by listing it as an agenda item in
the Commission's meeting notice. The notice shall include the name
of the applicant, the address of the property in question and the
requested action.
B.
Board review; public hearing. The Town Clerk shall
schedule a public hearing on the preliminary plat before the Town
Board. The Town Clerk shall give notice of the Town Board's review
and public hearing on the preliminary plat by listing it as an agenda
item in the Board's meeting notice. The notice shall include the name
of the applicant, the address of the property in question and the
requested action. Property owners within 200 feet of the proposed
land division shall receive written notice of the public hearing.
C.
Board action. After receipt of the Plan Commission's
recommendation, the Town Board shall, within 90 days of the date the
plat was filed with the Town Clerk, approve, approve conditionally
or reject such plat and shall state, in writing, any conditions of
approval or reasons for rejection, unless the time is extended by
agreement with the subdivider. Failure of the Town Board to act within
90 days or extension thereof shall constitute an approval of the preliminary
plat, unless other authorized agencies object to the plat. The Town
Clerk shall communicate to the subdivider the action of the Town Board.
If the preliminary plat is approved, the Town Clerk shall endorse
it for the Town Board.[1]
D.
Effect of preliminary plat approval. Approval or conditional
approval of a preliminary plat shall not constitute automatic approval
of the final plat, except that if the final plat is submitted within
24 months of preliminary plat approval and conforms substantially
to the preliminary plat layout, 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 Plan Commission and Town
Board at the time of its submission.[2]
E.
Preliminary plat amendment. Should the subdivider
desire to amend the preliminary plat as approved, he may resubmit
the amended plat which shall follow the same procedure, except for
the fee, unless the amendment is, in the opinion of the Town Board,
of such scope as to constitute a new plat, in which such case it shall
be refiled.
A.
Filing requirements.
(1)
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 Town Clerk at least 25 days prior to the meeting of the Plan Commission at which action is desired. The Town Clerk shall give notice of the Plan Commission's meeting in the manner prescribed in § 350-11A(2). The owner or subdivider shall file copies of the final plat not later than 24 months after the date of approval of the preliminary plat; otherwise, the preliminary plat and final plat will be considered void unless an extension is requested in writing by the subdivider and for good cause granted by the Town. The owner or subdivider shall also submit at this time a current certified abstract of title or registered property report and such other evidence as the Town Attorney may require showing title or control in the applicant.[1]
(2)
The Town Clerk shall, within two days after filing,
transmit four copies to the County Planning Agency and two copies
for each of the state agencies required to review the plat to the
Department of Administration, which shall transmit two copies to the
Department of Transportation if the subdivision abuts or adjoins a
state trunk highway or connecting highway and two copies to the Department
of Commerce if the subdivision is not served by a public sewer and
provision for that service has not been made. One copy shall be submitted
to the City of West Bend or the Village of Newburg if the lands to
be platted lie within the extraterritorial jurisdiction of either
of these municipalities, and the original final plat and three copies
shall be transmitted to the Town Plan Commission. The County Planning
Agency, Department of Administration, Department of Transportation,
Department of Commerce, City of West Bend and Village of Newburg shall
be hereinafter referred to as "objecting agencies."
[Amended 2-6-2007 by Ord.
No. 2-1-2007]
(3)
The final plat shall conform to the preliminary plat
as approved and to the requirements of all applicable ordinances and
state laws and shall be submitted for certification of those agencies
having the authority to object to the plat as provided by § 236.12(2).
(4)
Simultaneously with the filing of the final plat or
map, the owner shall file with the Town Clerk five copies of the final
plans and specifications of public improvements required by this chapter.
(5)
The Town Clerk shall refer one copy to the Town Engineer
and a copy each to the telephone and power and other utility companies.
The abstract of title or registered property report may be referred
to the Town Attorney for his examination and report. The Town Clerk
shall also refer the final plans and specifications of public improvements
to the Town Engineer for review. The recommendations of the Plan Commission
and Town Engineer shall be made within 30 days of the filing of the
final plat. The Town Engineer shall examine the plat or map and final
plans and specifications of public improvements for technical details
and, if he finds them satisfactory, shall so certify in writing to
the Plan Commission. If the plat or map or the plans and specifications
are not satisfactory, the Town Engineer shall return them to the owner
and so advise the Plan Commission.
[Amended 2-6-2007 by Ord.
No. 2-1-2007]
B.
Plan Commission review.
(1)
The Plan Commission shall examine the final plat as
to its conformance with the approved preliminary plat, any conditions
of approval of the preliminary plat, this chapter and all applicable
ordinances, rules, regulations, comprehensive plans and comprehensive
plan components which may affect it and shall recommend approval,
conditional approval or rejection of the plat to the Town Board.
(2)
The objecting state and county 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, except that the Wisconsin Department of Administration
has 30 days in which to make 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 Town. If an objecting agency fails to act
within 20 days, it shall be deemed to have no objection to the plat.
(3)
If the final plat is not submitted within 24 months
of the last-required approval of the preliminary plat, the Town Board
may refuse to approve the final plat.
[Amended 2-6-2007 by Ord.
No. 2-1-2007]
(4)
The Plan Commission shall, within 30 days of the date
of filing of the final plat with the Town Clerk, recommend approval,
conditional approval or rejection of the plat and shall transmit the
final plat and application along with its recommendations to the Town
Board. The Plan Commission may hold the matter in abeyance if there
is incomplete or inadequate information.
C.
Board review and approval.
(1)
The Town Board shall, within 60 days of the date of
filing the original final plat with the Town Clerk, approve or reject
such plat unless the time is extended by agreement with the subdivider.
If the plat is rejected, the reasons shall be stated in the minutes
of the meeting and a written statement of the reasons forwarded to
the subdivider. The Town Board may not inscribe its approval on the
final plat unless the Town Clerk certifies on the face of the plat
that the copies were forwarded to objecting agencies as required herein,
the date thereof and that no objections have been filed within 20
days or, if filed, have been met.
(2)
The Town Board shall, when it determines to approve
a final plat, give at least 10 days' prior written notice of its intention
to the municipal clerk of any municipality within 1,000 feet of the
final plat.
(3)
Failure of the Town Board to act within 60 days, the
time having not been extended and no unsatisfied objections having
been filed, the plat shall be deemed approved.
D.
Recordation. After the final plat has been approved
by the Town Board and required improvements either installed or a
contract and sureties insuring their installation is filed, the Town
Clerk shall cause the certificate inscribed upon the plat attesting
to such approval to be duly executed and the plat returned to the
subdivider for recording with the County Register of Deeds. The Register
of Deeds cannot record the plat unless it is offered within six months
from the date of last approval.
E.
Copies. The subdivider shall file 10 copies of the
final plat with the Town Clerk for distribution to the approving agencies,
affected sanitary districts, and other affected agencies for their
files.
F.
Partial platting. The final plat may, if permitted
by the Town Board, constitute only that portion of the approved preliminary
plat which the subdivider proposes to record at the time.
A.
Use of certified survey map. When it is proposed to
divide land into at least two but no more than four parcels or building
sites, or when it is proposed to create by land division not more
than four parcels or building sites within a recorded subdivision
plat without changing the exterior boundaries of a block, lot or outlot,
or when it is proposed to divide a parcel that results in all of the
parcels created by the division to exceed 1 1/2 acres in size (thus
not constituting a subdivision as defined in this chapter), the subdivider
shall prepare a certified survey map in accordance with this chapter
and shall file an adequate number of copies of the map and the letter
of application with the Town Clerk at least 15 days prior to the meeting
of the Plan Commission at which action is desired.
[Amended 11-19-2019 by Ord. No. Z2019-11-02]
B.
Referral to Plan Commission. The Town Clerk shall,
within two normal workdays after filing, transmit the copies of the
map and letter of application to the Plan Commission.
C.
Review by other Town agencies. The Plan Commission
shall transmit a copy of the map to all affected Town boards, commissions
or departments for their review and recommendations concerning matters
within their jurisdiction. Their recommendations shall be transmitted
to the Plan Commission within 10 days from the date the map is filed.
The map shall be reviewed by the Plan Commission for conformance with
this chapter and all ordinances, rules, regulations, comprehensive
plans, comprehensive plan components and neighborhood plans.
D.
Review and approval. The Plan Commission shall, within
30 days from the date of filing of the certified survey map, recommend
approval, conditional approval or rejection of the map and shall transmit
the map along with its recommendations to the Town Board. Following
public hearing in the manner used for preliminary plats, the Town
Board shall approve, approve conditionally and thereby require resubmission
of a corrected certified survey map or reject such certified survey
map within 90 days from the date of filing of the map unless the time
is extended by agreement with the subdivider. If the map is rejected,
the reason shall be stated in the minutes of the meeting and a written
statement forwarded to the subdivider. If the map is approved, the
Town Board shall cause the Town Clerk to so certify on the face of
the original map and return the map to the subdivider.
[Amended 2-6-2007 by Ord.
No. 2-1-2007]
E.
Recordation. The subdivider shall record the map with
the County Register of Deeds within six months after the date of the
last approval of the map and within 24 months after the first approval
of the map.
[Amended 2-6-2007 by Ord.
No. 2-1-2007]
F.
Copies. The subdivider shall file 10 copies of the
certified survey map with the Town Clerk for distribution to the Town
Engineer, Building Inspector, Assessor and other affected departments
for their files.
A.
Except as provided in § 70.27(1), Wis. Stats.,
when it is proposed to replat a recorded subdivision, or part thereof,
so as to change the boundaries of a recorded subdivision, or part
thereof, the subdivider or person wishing to replat shall vacate or
alter the recorded plat as provided in §§ 236.40 through
236.44, Wis. Stats. The subdivider or person wishing to replat shall
then proceed, using the procedures for preliminary and final plats.
B.
The Town Clerk shall schedule a public hearing before
the Plan Commission when a preliminary plat of a replat of lands within
the Town is filed and shall cause notices of the proposed replat and
public hearing to be mailed to the owners of all properties within
the limits of the exterior boundaries of the proposed replat and to
the owners of all properties within 200 feet of the exterior boundaries
of the proposed replat.
C.
Where lots are more than double the minimum size required
for the applicable zoning district, the Plan Commission may require
that such lots be arranged so as to allow resubdivision of such parcels
into normal lots in accordance with the provisions of this chapter.
