Prior to a subdivision being accepted for consideration, the developer must have obtained the necessary residential development permits from the Town Plan Commission for that particular year.
Prior to the filing of an application for the approval of a preliminary plat or certified survey map, the developer may consult with the Town 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 developer of the purpose and objectives of these regulations, the adopted Town of Vernon Master Plan, or plan components, zoning regulations, and duly adopted plan implementation devices of the Town and to otherwise assist the developer in planning the project. In so doing, both the developer and Town Plan Commission may reach mutual conclusions regarding the general program and objectives of the proposed project and its possible effects on the Town. The developer will gain a better understanding of the subsequent required procedures.
Before submitting a final plat for approval, the developer shall submit a preliminary plat by a land surveyor registered in the State of Wisconsin and a letter of application. No preliminary plat may be submitted until the developer has received residential development permits in accordance with § 200-27. The preliminary plat shall be prepared in accordance with this chapter and the Town of Vernon Land Division Review Checklist (see Appendix F). The subdivider shall file the number of copies of that determined by the Town to be adequate and the application with the Town Clerk or the Waukesha County Department of Parks and Land Use. In addition:
A. 
The Town Clerk or designee shall, within two days after filing, transmit six (four for planning and two for environmental health) copies to the Waukesha County Department of Parks and Land Use; two copies to the Waukesha County Department of Public Works, if the subdivision abuts or adjoins a county trunk highway; two copies to the Wisconsin Department of Administration; and two copies to the Wisconsin Department of Natural Resources if land included in the plat lies within 500 feet of the ordinary high-water mark of any navigable stream, lake, or other navigable body of water, or if any shoreland or floodland areas are located within the plat.
B. 
The preliminary plat shall be submitted to the Town Engineer and the Town Planner prior to submittal to the Town Plan Commission. The Town Engineer and Town Planner shall review the preliminary plat and give a recommendation, in writing, to the Town Plan Commission. The preliminary plat shall be submitted to the Town Plan Commission. The developer shall meet with the Town Plan Commission, at a meeting of the Town Plan Commission, and the Town Plan Commission may view the site.
C. 
The Town Clerk or designee shall transmit the necessary copies of the preliminary plat to the Town Plan Commission and additional copies to all affected Town committees or commissions for their review and recommendations concerning matters within their jurisdiction. The recommendations of the Town committees and commissions shall be transferred to the Town Plan Commission within 30 days from the date the plat is filed. The preliminary plat shall then be reviewed by the Town Plan Commission for conformance with this chapter, the Waukesha County Code, and all other Town ordinances, rules, regulations, comprehensive plans, and comprehensive plan components.
D. 
The submitting agent shall also transmit one copy each of the preliminary plat to the Land Resource Division of the Waukesha County Department of Parks and Land Use, two copies each to the Wisconsin Gas Company, the Wisconsin Electric Power Company, the appropriate telephone company, and appropriate school district for their review and recommendation concerning matters within their jurisdiction. The Land Resource Division of the Waukesha County Department of Parks and Land Use, the local utility companies, and the school board are considered advisory agencies. Their recommendations, if any, shall be transmitted to the Town Plan Commission within 30 days from the date the plat is received.
E. 
Preliminary plat approval. The objecting agencies shall, within 20 days of the date of receiving their copies of the preliminary plat, notify the developer 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 Town Clerk. If an objecting agency fails to act within 20 days, it shall be deemed to have no objection to the plat.
(1) 
The Town Plan Commission shall, within 90 days of the date of receipt of a preliminary plat with the Town Clerk, approve, conditionally approve, or reject such plat. One copy of the plat shall thereupon be returned to the submitting agent with the date and action endorsed thereupon, and if conditionally approved or rejected, a letter setting forth 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 Town Plan Commission's permanent file. The Town may not approve a plat upon which an objection has been certified per Ch. 236, Wis. Stats.
(2) 
Failure of the Town Plan Commission to act within 90 days shall constitute an approval of the plat as submitted unless the review period is extended by consent of the developer or his agent in writing.
(3) 
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 the preliminary plat approval and conforms substantially to the preliminary plat and its conditions of approval, as provided in § 236.11(1)(b), Wis. Stats., unless modifications of lot layout or number of lots are required by approved construction and stormwater management plans, the final plat shall be entitled to approval.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
The developer shall prepare and submit a final plat (by a land surveyor registered in the State of Wisconsin) and a letter of application in accordance with this chapter and shall file an adequate number of copies of the plat with the Town or the county, which shall within two days formally file the plat as follows:
A. 
The Town Clerk or designee shall, within two days after filing, transmit four copies to the Waukesha County Department of Parks and Land Use; two copies to the Waukesha County Department of Public Works if the subdivision abuts or adjoins a county trunk highway; two copies to the Wisconsin Department of Administration, two copies to the Wisconsin Department of Transportation, if the subdivision abuts or adjoins a state trunk highway or connecting street; and two copies to the Wisconsin Department of Natural Resources if land included in the plat lies within 500 feet of the ordinary high-water mark of any navigable stream, lake, or other navigable body of water, or if any shoreland or floodland areas are located with the plat.
B. 
Within 20 days of the date of receiving the copies of the plat, any agency having authority to object shall notify the developer and all approving or objecting authorities of any objections it has. If objections are received, it shall be the responsibility of the developer to resubmit his plat in accordance with the foregoing procedures. If there are no objections, 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 be deemed approved until any objections have been satisfied. If the objecting agency fails to act within the twenty-day limit, it shall be deemed to have no objection to the plat.
C. 
The approving agencies shall, within 60 days of the date of filing of the final plat, approve or reject such plat unless the time is extended by written agreement with the developer or unless objections have been filed which would require a formal resubmittal of the plat after the corrections have been made. The final plat shall be reviewed to determine its conformance with the approved preliminary plat; this chapter and all ordinances, rules, regulations, or other plans which may affect the plat. The final plat may constitute only that portion of the approved preliminary plat which the developer proposes to record at that time. The final plat may be rejected if it is not submitted within 24 months of the date of the last required approval of the preliminary plat or more than 24 months from the date of allotment approval. No approval by any approving agency can be granted until all formal objections from the objecting agencies have been satisfied. Failure of any approving agency to act within 60 days, the time not having been extended and no objections having been filed, shall constitute an approval. The review of the final plat by the Town should be made by the Town Plan Commission and a recommendation made to the Town Board, which shall approve or reject the final plat. The necessary certificates shall also be placed upon the original drawing of the final plat and must be signed by all appropriate review agencies prior to recording.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
D. 
Recordation. After the final plat had been approved by the Town Board and required improvements either installed or a contract and sureties insuring their installation are filed, the Town Clerk or designee shall cause the certificate inscribed upon the plat attesting to such approval to be duly executed. The Town Clerk or designee shall record the final plat with the Register of Deeds. The Register of Deeds shall not record the plat unless it is offered within six months of the date of the last approval.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III).
E. 
Partial platting. If permitted by the Town 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 developer proposed to record at one time; however, it is required that each phase be final platted and be designated as a phase of the approved preliminary plat.
F. 
Replat. When it is proposed to replat a recorded subdivision, or part thereof, so as to change the boundaries of a recorded subdivision, the Wisconsin Statutes and the provisions of this chapter shall apply.
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 developer or person wishing to replat shall vacate or alter the recorded plat as provided in §§ 236.40 through 236.44, Wis. Stats. The developer or person wishing to replat shall then proceed as specified in this chapter. The Town Clerk or designee shall schedule a public hearing before the Town 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.
A. 
A condominium plat prepared by a land surveyor registered in Wisconsin is required for all condominium plats, planned unit developments, or any amendments or expansions thereof. It shall comply in all respects with the requirements of § 703.11, Wis. Stats., and shall be reviewed in the same manner as a subdivision plat as set forth in this chapter. Such plats shall comply with the design standards, improvements, and all other requirements of this chapter that would otherwise apply to subdivision plats, including but not limited to those set forth in this chapter. In addition, such plats shall further comply with all other Town and county ordinances as if the same were land divisions.
(1) 
Density. Adequate open space should be provided so that the average density and intensity of land use shall be no greater than that permitted for the zoning district in which it is located. To the extent that such a plan or plat proposes that particular portions or areas of the development have higher density or intensity of land use, the Town Plan Commission may require additional information pertaining to such development, including information not otherwise required of subdivision plats. It is the intent of this section to permit the Town Plan Commission to have sufficient information, when presented with unique or higher density or intensity of land use development projects, to adequately review the overall development.
(2) 
Review and approval. The Town Plan Commission shall review the proposed plan, the site, existing and proposed structures, architectural plans, neighboring land and water uses, parking areas, driveways locations, highway access, traffic generation and circulation, drainage, waste disposal, water supply systems, and the effects of proposed uses, structures, improvements and operation upon the area and upon flood damage protection, water quality, shoreland cover, natural beauty, and wildlife habitat.
B. 
The Town Plan Commission may approve the plan provided that the proposed uses and structures are in accordance with the purpose and intent of this chapter and are found not to be hazardous, harmful, offensive, or otherwise adverse to the environmental quality, shoreland cover, or property values in the Town.
Any division of land other than a subdivision as defined herein shall be surveyed and a certified survey map prepared and recorded as provided in § 236.34, Wis. Stats. Remnant parcels greater than 40 acres in size may be excluded following the procedure in § 200-14 of this chapter.
A. 
Prior to the preparation of the map, the petitioner shall submit the proposed division to the Town Planner for an informal preliminary discussion and to be placed on the next scheduled Town Plan Commission meeting agenda if deemed necessary by the Town Planner and/or Town Engineer. It shall be reviewed to establish conformity with surrounding existing or proposed developments; adjacent or future highways; schools; other planned public developments; analysis of soil types; topography; drainage; access to any abutting street or highway; conformance with the established Street and Highway Width Map of Waukesha County or Town Official Map; and generally for the effect the land sale would have on the development of surrounding property. If any lots to be divided are not served by municipal sanitary sewer, soil borings must be submitted for approval in accordance with appropriate state and/or county regulations.
B. 
After satisfying applicable requirements of Subsection A, the developer may proceed to have drawn a certified survey map in accordance with § 236.34, Wis. Stats. The developer shall be required to dedicate any road right-of-way which the Town Board deems necessary and shall be required to build the highway to Town and/or county highway standards and in conformance with this chapter. All other requirements established by this chapter, where applicable, shall be complied with by the developer. The cash escrow or letter of credit and developer's agreement requirements regarding public and private improvements, as set out in this chapter, are applicable to minor land divisions.
C. 
Sixteen copies and the original of the final certified survey map shall be submitted to the Town Clerk after preliminary review of the final certified survey map by the Town Planner and Town Engineer. The Town Plan Commission shall refer the final certified survey map with its recommendations to the Town Board within 60 days of its initial submission to the Town Clerk unless the time is extended by the developer or agent. The Town Board shall approve or reject the final certified survey map within 90 days of its submission to the Town Clerk unless the time is extended by agreement with the developer or agent. If the final certified survey map is approved, a motion to that effect shall be adopted by the Town Board and certified by the Town Clerk on the original of the final certified survey map after paying of all necessary fees. The map shall then be recorded in the office of the Waukesha County Register of Deeds.
[Amended 3-16-2006 by Ord. No. 2006-05]
D. 
All final certified survey maps submitted for Town Plan Commission and Town Board approval must contain the required signatures and dates of all nonmunicipal officials (i.e., surveyor on all pages, owners and mortgage companies).
E. 
As a condition of the approval of a certified survey map pursuant to this chapter, the Town may require the submission and approval of construction plans and a time schedule regarding all public and private highways and other improvements, may require a cash escrow or letter of credit regarding any and all public and private improvements and may require the submission and approval of a development schedule and developer's agreement.
A. 
Any requests for development in the form of a subdivision or certified survey map requiring action by the Town Plan Commission for conceptual, preliminary or final actions must be filed with the necessary application forms and all relevant information with the Town Clerk by 10:00 a.m. on Monday four weeks prior to the Town Plan Commission meeting at which action is required by the petitioner.
B. 
The Town Planner and Town Engineer then have until 12:00 noon 15 working days prior to the day of the Town Plan Commission meeting to evaluate the proposal and make preliminary comments and recommendations. The Town Planner and Town Engineer will notify the developer or agent concerning the item for any changes or additional information necessary for the Town Plan Commission review.
C. 
The applicant has until 10:00 a.m. 10 working days prior to the Town Plan Commission meeting to submit to the Town Planner and Town Engineer any additional information or corrections so as to be placed on the Town Plan Commission agenda for that month. If the additional information requested is not submitted, it will be denied or removed from that month's agenda; if a written extension is received by the Town Clerk it will then be placed on a future agenda.
D. 
The applicant has until 10:00 a.m. six working days prior to the day of the Town Plan Commission meeting to submit 16 copies of the final request for development in the final form of a subdivision or certified survey map required for conceptual, preliminary or final action to the Town Clerk or designee.
E. 
The final request for development in final form, Planner reviews, Engineer reviews, and all pertinent information will then be forwarded to the Town Clerk or designee who will then forward the information to the Town Plan Commission members.
[Added 10-15-2015 by Ord. No. 2015-07]
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 of Vernon Plan Commission for prior review, before the conveyance documents are signed and before the conveyance is recorded in the office of the Waukesha 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, 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.