Prior to the filing of an application for the approval of a
land division or development, the owner shall consult with the Town
Planner in order to obtain his/her advice and assistance. This consultation
is not formal but is intended to inform the owner of the purpose and
objectives of these regulations, the Comprehensive Plan, Comprehensive
Plan components, neighborhood plans, and duly adopted plan implementation
devices of the municipality and to otherwise assist the owner in planning
the development. After the owner has met with the Town Planner, the
owner shall submit a conceptual plan and a yield plan for placing
on the next available Plan Commission agenda. In considering the conceptual
plan and/or yield plan, the owner, Town Planner and Town Plan Commission
may reach mutual conclusions regarding the general program and objectives
of the proposed development and its possible effects on the neighborhood
and community. The owner will gain a better understanding of the subsequent
required procedures.
A.
Preliminary plat filing. Before submitting a final plat for approval,
the owner shall prepare a preliminary plat and a letter of application.
The preliminary plat shall be prepared and filed in accordance with
this chapter and Ch. 236, Wis. Stats.
B.
Preliminary plat review.
(1)
The Plan Commission shall review the preliminary plat for conformance
with:
(2)
The Plan Commission should within 75 days of the date of filing of
a preliminary plat recommend approval, approval conditionally or rejection
of such plat to the governing body, unless the time is extended by
agreement in writing with the owner.
(3)
The governing body should within 90 days of the date of the filing
of a preliminary plat approve, approve conditionally or reject such
plat, unless the time is extended by agreement in writing with the
owner.
(4)
Failure of the governing body to act within 90 days shall constitute
an approval of the preliminary plat as filed.
(5)
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 36 months of the preliminary plat approval
and conforms substantially to the preliminary plat layout as indicated
in § 236.11(1)(b), Wis. Stats., and all conditions imposed
as part of the preliminary plat approval have been satisfied, 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 the governing body at the time of its submission.
(6)
Objections must be satisfied. The preliminary plat shall not be finally
approved or deemed finally approved until all objections of all objecting
and approving authorities and all conditions of the Plan Commission
and governing body have been satisfied.
(7)
Erosion control and stormwater management. Prior to the Town Plan
Commission and Town Board approving or conditionally approving a preliminary
plat, the Dodge County Land Resources and Parks Department shall approve
a preliminary stormwater plan for the proposed preliminary plat.
C.
Final plat filing. The final plat shall be prepared and filed in
accordance with this chapter and Ch. 236, Wis. Stats.
D.
Final plat review.
(1)
The Plan Commission shall review the final plat for conformance with:
(a)
The approved preliminary plat.
(b)
Any conditions of approval of the preliminary plat.
(c)
The provisions of Ch. 236, Wis. Stats.
(d)
This chapter.
(e)
Any local master plan adopted under state statutes.
(f)
Any official map adopted under state statutes.
(g)
Any local rules and regulations.
(h)
Any comprehensive plans or comprehensive plan components.
(i)
Any neighborhood plans.
(2)
The Plan Commission should within 45 days of the date of filing of
a final plat recommend approval, approval conditionally or rejection
of such plat to the governing body, unless the time is extended by
agreement in writing with the owner.
(3)
The governing body should within 60 days of the date of filing of
a final plat approve, approve conditionally or reject such final plat,
unless the time is extended by agreement in writing with the owner.
If the final plat is conditionally approved by the governing body,
all conditions of approval shall be satisfied within one year of the
governing body granting said approval unless expressly stated otherwise
in the conditions of approval.
(4)
Failure of the governing body to take action on the final plat within
60 days, the time having not been extended and no unsatisfied objections
having been filed and there being no unsatisfied conditions of the
preliminary plat approval, the final plat shall be deemed approved.
Failure of the owner/developer to comply with the conditions of approval
of the final plat as set forth by the governing body within one year
of the governing body granting said approval shall result in the conditional
approval of the final plat being automatically rescinded and the owner/developer
being required to resubmit the final plat for approval, subject to
all applicable Town approval requirements then in effect, unless expressly
stated otherwise in the conditions of approval or an extension is
granted by the governing body.
(5)
Miscellaneous provisions.
(a)
Submission. If the final plat is not submitted within 36 months
of the last required approval of the preliminary plat, the governing
body may refuse to approve the final plat unless otherwise provided
for in the developer's agreement by means of a phase development
timetable.
(b)
Partial platting. If permitted by the governing body, the approved
preliminary plat may be finally platted in phases with each phase
encompassing only that portion of the approved preliminary plat which
the owner 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. Subsequent phases of the final plat
shall be filed in accordance with the schedule set forth in the developer's
agreement as adopted or amended by the governing body.
(c)
Recording. After the final plat has been approved by the governing
body and required improvements either installed or a contract and
sureties insuring their installation is filed, the Clerk shall cause
the certificate inscribed upon the final plat attesting to such approval
to be duly executed and the final plat to be recorded with the County
Register of Deeds.
(d)
Final plats submitted for approval before all improvements are
ready to be accepted by the municipality will only receive conditional
approval from the governing body, and said approval will be conditioned
upon all improvements being completed and accepted by the municipality
in compliance with the terms of a developer's agreement duly
approved and executed by the Town and the developer, and only if a
duly approved financial guarantee has been granted to the Town and
is on file with the Town Clerk.
(6)
Objections must be satisfied. The final plat shall not be finally
approved or deemed finally approved until all objections of all objecting
and approving authorities and all conditions of the Plan Commission
and governing body have been satisfied.
A.
Certified survey map filing.
(1)
Any division of land other than a subdivision, condominium plat,
replat, or assessor's plat as defined in this chapter shall be
divided by the owner by use of a certified survey map. The certified
survey map shall be prepared and filed in accordance with this chapter
and Ch. 236, Wis. Stats.
(2)
The owner shall file 20 copies of the certified survey map and the
letter of application with the Clerk at least 20 days prior to the
meeting of the Plan Commission at which action is desired.
(3)
The Clerk shall as soon as practicable transmit the copies of the
certified survey map and the letter of application to the Plan Commission
and governing body.
(4)
The Clerk shall transmit a copy of the certified survey map to all
affected boards, commissions or departments for their review and recommendation
concerning matters within their jurisdiction. Their recommendation
shall be transmitted to the Plan Commission as soon as practicable
from the date the map is filed.
B.
Certified survey map review.
(1)
The Plan Commission shall review the certified survey map for conformance
with:
(2)
The Plan Commission should within 75 days of the date of filing of
a certified survey map recommend approval, approval conditionally
or rejection of such certified survey map to the governing body, unless
the time is extended by agreement with the owner.
(3)
The governing body should within 90 days of the date of the filing
of a certified survey map approve, approve conditionally or reject
such certified survey map, unless the time is extended by agreement
with the owner.
(4)
If the certified survey map is rejected, the reason shall be stated
in the minutes of the meeting and a written statement forwarded to
the owner.
(5)
If the certified survey map is approved, the Board should cause the
Clerk to so certify on the face of the original map and return the
map to the owner at such time as all conditions are satisfied.
(6)
The owner shall record the map with the County Register of Deeds
in accordance with the requirements of § 236.34(2), Wis.
Stats. If the owner fails to record the map within the time prescribed
by statute, the previously approved map is hereby rejected and the
owner must recommence the entire procedure in this section, unless
an extension of time to file has been granted by the governing body.
If the governing body conditionally approves the certified survey
map, all conditions of approval shall be satisfied within one year
of the governing body granting conditional approval unless expressly
stated otherwise in the conditions of approval. Failure to satisfy
the conditions of approval within the required time shall result in
the conditional approval of the map being automatically rescinded,
and the owner must recommence the entire procedure in this section,
unless an extension of time has been granted by the governing body.
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 owner or person wishing to replat shall vacate or alter the recorded plat as provided in §§ 236.40 through 236.44, Wis. Stats. The owner or person wishing to replat shall then proceed as specified in § 251-17. The Clerk shall schedule a public hearing before the Plan Commission when a preliminary plat of a replat of lands within the municipality 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.
[Added 4-21-2015 by Ord.
No. 15-03]
In every situation, regardless of circumstances, that a property
owner seeks to convey land in a manner that would adjust a lot line
or create or eliminate a lot line, and that conveyance does not require
a certified survey map or subdivision plat pursuant to this chapter,
and where an adjacent property owner intends to acquire such interest
in land, the proposed action shall be submitted to the Town Plan Commission
for prior review, before the conveyance documents are signed and before
the conveyance is recorded in the office of the County Register of
Deeds. Such application must be filed with the Town Clerk along with
a fee payment to offset all or part of the cost of this limited review,
in an amount to be determined from time to time by separate resolution
of the Town Board. The Town Plan Commission review shall be limited
to considering whether the conveyance is in compliance with § 236.45(2)(am)(3),
Wis. Stats., and the applicable laws cited therein, including these
regulations, the zoning ordinances,[1] and other applicable laws and ordinances. Such conveyance
can only be approved if the same number of lots exist prior to the
conveyance as would exist after the conveyance. Such conveyance can
only be approved if the resulting lots would all be both legal and
conforming, even if any such lots are legal nonconforming prior to
the conveyance, because the conveyance creates new lots which do not
predate the ordinance and therefore have no legal nonconforming rights.
Such conveyance must not be approved if the conveyance includes land
that has a legal nonconforming use, because the legal nonconforming
rights are limited to use of the preexisting lot. Such conveyance
shall not be approved if any of the resulting lots and the existing
improvements on the lots would be in violation of applicable open
space requirements. Such conveyance shall not be approved if the conveyance
would make an existing conforming structure illegal or nonconforming,
or would increase the extent of any preexisting legal nonconformity
of an existing structure.
