Before filing a preliminary plat (major subdivision)
or certified survey map (minor subdivision), 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 Village Clerk. The subdivider
shall also submit a location map showing the relationship of the proposed
subdivision to traffic arteries and existing community facilities.
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 Village and to otherwise assist
the subdivider in planning a 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 20 copies of the preliminary plat. The
preliminary plat shall be prepared in accordance with this chapter,
and the subdivider shall file the application with the Village Clerk
at least 25 days prior to the meeting of the Plan Commission at which
action is desired. The Village Clerk shall submit a copy of the preliminary
plat to each Plan Commission member and to the Village Engineer, Village
Attorney and other applicable consultants for review and written report
of their recommendations and reactions to the proposed plat.
B.
Public improvement plans. Simultaneously with the
filing of the preliminary plat, the owner shall file with the Village
Clerk a report addressing sewer and water service feasibility, drainage
facilities and center-line profiles showing streets 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 Village 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 Village Clerk.
D.
Environmental assessment.
(1)
Filing requirement. An environmental assessment checklist
shall be completed by the subdivider for review by the Plan Commission
with the preliminary plat or preferably as part of the preliminary
consultation, for any subdivision or land division by certified survey
which the Village has authority to approve.[1]
[1]
Editor's Note: A copy of the Environmental Assessment Checklist is included at the end of this chapter.
(2)
Purpose. The purpose of this environmental assessment
checklist is to provide the basis for an orderly, systematic review
of the effects of all new subdivisions upon the community environment
in accordance with the principles and procedures of Wisconsin Statutes
set for local subdivision regulation. The Plan Commission will use
these procedures in determining land suitability. The goals of the
community in requiring this checklist are to eliminate or reduce pollution
and erosion to an acceptable standard, assure ample living space per
capita, preserve open space and parks for recreation, provide adequately
for stormwater control, maintain scenic beauty and aesthetic surroundings,
administer to the economic and cultural needs of the citizens and
provide for the effective and efficient flow of goods and services.
E.
(Reserved)
F.
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.
G.
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 Village Board may require that the subdivider submit a preliminary
plat or concept plan 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.
H.
Preliminary street plans and profiles. The subdivider
shall provide preliminary street plans and profiles showing existing
ground surfaces and proposed and established street grades, including,
when requested, extensions for a reasonable distance beyond the limits
of the proposed subdivision.
I.
Soil testing. The subdivider may be required to 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 § 410-8 of this chapter, the Village Board or Plan Commission 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.
J.
Drafting standards. The preliminary plat shall be
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, 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.
K.
Referral to other agencies.
(1)
The subdivider shall, within two days after filing
with the Village, transmit two copies to the county planning agency,
two copies to the Director of the Planning Function in the Wisconsin
Department of Administration, additional copies to the Director of
the Planning Function for retransmission of two copies each to the
Wisconsin Department of Transportation if the subdivision abuts or
adjoins a state trunk highway or a connecting street and the Wisconsin
Department of Commerce if the subdivision is not served by the public
sewer and provision for such service has not been made. The subdivider
shall file with the Village Clerk an affidavit indicating that he
has fully complied with the requirement of filing with objecting agencies.
The county planning agency, the Wisconsin Department of Administration,
the Wisconsin Department of Transportation and the Wisconsin Department
of Commerce 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 J(1) of this section shall notify the subdivider
and all approving or objecting authorities of any objection 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 by letter 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 it shall be deemed
to have no objection to the plat.
(3)
In lieu of the procedure under Subsection J(1) of
this section, the subdivider or the subdivider's agent may submit
the original plat to the Wisconsin Department of Administration, which
shall forward two copies to each of the agencies authorized to object.
The Department shall have the required number of copies made at the
subdivider's expense. Within 20 days of the date of receiving the
copies of the plat, any agency having authority to object shall notify
the subdivider and all agencies having the authority to object of
any objection based upon failure of the plat to comply with the statutes
or rules which its examination is authorized to cover or, if there
is no objection, it shall so certify on the face of a copy of the
plat and return that copy to the Department of Administration. After
each agency and the Department of Administration have certified that
they have no objection or that their objections have been satisfied,
the Department shall so certify on the face of the plat. If an agency
fails to act within 20 days from the date of the receipt of copies
of the plat and the Department of Administration fails to act within
30 days of receipt of the original plat, it shall be deemed that there
are no objections to the plat and, upon demand, it shall be so certified
by letter to the Department of Administration.
L.
Plan Commission review. After review of the preliminary
plat and negotiations with the subdivider on changes deemed advisable
and the kind and extent of public improvements which will be required,
the Plan Commission shall, within 60 days of filing or within such
time as extended by agreement with the subdivider of its submission,
recommend to the Village Board that it approves, approves conditionally
or rejects the plat as provided by statute. The subdivider shall be
notified in writing of any conditions for approval of the reasons
for rejection. Such action of the Plan Commission shall be submitted
to the Village Board for approval and the subdivider shall be notified
in writing of any changes or modifications in the action of the Plan
Commission and the reasons therefor.
M.
Board action. After receipt of the Plan Commission's
recommendation, the Village Board shall, within 90 days of the date
the plat was filed with the Village 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 Village 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 Village Clerk shall communicate to the subdivider the action
of the Village Board. If the preliminary plat is approved, the Village
Clerk shall endorse it for the Village Board.
N.
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
six 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. Conditional approval may be
granted subject to satisfactory compliance with pertinent provisions
of this chapter and Ch. 236, Wis. Stats. 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 Village Board at the time of its submission.
O.
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 Village Board,
of such scope as to constitute a new plat, in which such case it shall
be refiled.
A.
The subdivider shall prepare a final plat and a letter of application in accordance with this chapter and shall file 20 copies of the plat and the application with the Village Clerk at least 25 days prior to the meeting of the Plan Commission at which action is desired. The Village Clerk shall give notice of the Plan Commission meeting in the manner prescribed in § 410-15B. The owner or subdivider shall file these copies of the final plat with the Village not later than six 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 Village. 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 Village Attorney may require showing title or control in the applicant. A written transmittal letter shall identify all substantial changes that have been made to the plat since the approval of the preliminary plat.
B.
The subdivider shall, within two days after filing,
transmit two copies to the County Planning Agency; two copies to the
Director of the Planning Function in the Wisconsin Department of Administration,
additional copies to the Director of the Planning Function for retransmission
of two copies each to the Wisconsin Department of Transportation if
the subdivision abuts or adjoins a state trunk highway or a connecting
street and the Wisconsin Department of Commerce if the subdivision
is not served by a public sewer and provision for service has not
been made. The subdivider shall file with the Village Clerk an affidavit
indicating that he has fully complied with the requirement of filing
with objecting agencies. The County Planning Agency, the Wisconsin
Department of Administration, the Wisconsin Department of Transportation,
and the Wisconsin Department of Commerce shall be hereinafter referred
to as “objecting agencies.”
C.
The final plat shall substantially 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), Wis. Stats.
D.
Simultaneously with the filing of the final plat or map, the owner shall file with the Village Clerk five copies of the final plans and specifications of public improvements required by this chapter and a signed copy of the developer's contract required by § 410-23F.
E.
The Village Clerk shall refer a copy of the final
plat to each member of the Plan Commission and Village Board, a copy
to the Village Engineer, a copy to the Village Attorney and a copy
to the School District. The developer shall submit a copy each to
the telephone, electric, gas, cable television and other utility companies.
The abstract of title or registered property report shall be referred
to the Village Attorney for his examination and report. The Village
Clerk shall also refer final plans and specifications of public improvements
required by this chapter to the Village Engineer for review. The recommendations
of the Plan Commission, Village Attorney and Village Engineer shall
be made within 30 days of the filing of the final plat. The Village
Engineer shall examine the plat map and final plans and specifications
for public improvements for technical details and, if he finds them
satisfactory, shall so certify in writing to the Plan Commission.
If the plat or the plans and specifications are not satisfactory,
the Village Engineer shall so advise the owner and the Plan Commission.
F.
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 Village Board.
G.
The final plat may, if permitted by the Village Board,
constitute only a portion of the approved preliminary plat. With permission
of the Village Board, the approval of a final plat for the remaining
portion of the preliminary plat, or any part thereof, may be granted
for one year from the date of the preliminary plat approval.
H.
Review by other agencies; final approval and filing.
(1)
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 Village. If an objecting agency fails to act
within 20 days, it shall be deemed to have no objection to the plat.
(2)
If the final plat is not submitted within 12 months
of the last required approval of the preliminary plat, the Village
Board may refuse to approve the final plat.
(3)
The Plan Commission shall, within 30 days of the date
of filing of the final plat with the Village Clerk, recommend approval,
conditional approval or rejection of the plat and shall transmit the
final plat and application along with its recommendations to the Village
Board. The Plan Commission may hold the matter in abeyance if there
is incomplete or inadequate information.
(4)
The Village 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.
(5)
The Village Board shall, within 60 days of the date
of filing the original final plat with the Village 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
shall be forwarded to the subdivider. The Village Board may not inscribe
its approval on the final plat unless the Village 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.
(6)
If the Village Board fails to act within 60 days,
the time having not been extended and no unsatisfied objections having
been filed, the plat shall be deemed approved.
(7)
After the final plat has been approved by the Village
Board and required improvements either are installed or a contract
and sureties insuring their installation are filed, the Village Clerk
shall cause the certificate inscribed upon the plat attesting to such
approval to be duly executed and the plat shall be 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 12 months
from the date of preliminary plat approval or 30 days from the date
of last approval.
(8)
Copies. The subdivider shall file two copies of the
recorded final plat with the Village Clerk.
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 exterior 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 approval procedures for preliminary and
final plats prescribed in this chapter.
B.
The Village Clerk shall schedule a public hearing
before the Plan Commission when a preliminary plat or a replat of
lands within the Village 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 100 feet of the
exterior boundaries of the proposed replat.
C.
Whenever an approved final plat is submitted for reapproval
within 12 months of the initial resolution approving the plat and
which is substantially in conformance with the approved plat and which
has not been recorded with the Register of Deeds, the plat shall be
reapproved by the Village Board. The Village Board may choose to not
reapprove final plats resubmitted following the expiration of the
twelve-month period. In such case, such plats shall be submitted as
a new plat, and all previous approvals shall be null and void and
shall have no further bearing on the subsequent review and approval
of the plat by the Village.
A.
Use of certified survey map.
(1)
A certified survey map, prepared and recorded in accordance
with § 236.34, Wis. Stats., and the requirements of this
chapter and having been approved by the Village Board, may be used
in lieu of a subdivision plat to divide or consolidate lands or dedicate
lands, provided that the division or consolidation results in not
more than four lots, outlots, parcels or mortgage descriptions being
created by any division or successive division, regardless of any
changes in ownership, within any five-year period.
(2)
In the event a proposed land division does not meet
the above requirements, the proposed land division must be pursued
as a subdivision plat.
(3)
The certified survey map shall include the entire original parcels of land owned or controlled by the subdivider, including those proposed for division or consolidation. The applicant shall comply with all requirements of this chapter, including, but not limited to, §§ 410-21 10-6-21 through 410-23 (improvements), §§ 410-24 through 410-28 (design standards), and §§ 410-29 and 410-30 (dedications) when a certified survey map is used. A certification of the approval of the certified survey map by the Village Board shall be inscribed legibly on the face of the map. A certificate of the Village Clerk stating that there are no unpaid special assessments or taxes on the lands shall be included on the certified survey map.
(4)
The applicant for a land division shall file with
the Village Clerk five acceptable reproductions of a certified survey
map and a written application requesting approval.
(5)
With the application the applicant shall file public
works improvement plans, as applicable, in accordance with the requirements
for the final plat.
B.
Referral to Plan Commission. The Village Clerk shall,
within two normal workdays after filing, transmit the copies of the
map and letter of application to the Plan Commission.
C.
Review of other agencies. The Village Clerk shall
refer a copy of the certified survey map to each member of the Plan
Commission and Village Board, a copy to the Village Engineer, a copy
to the Village Attorney and a copy to the School District. The developer
shall submit a copy each to the telephone, electric, gas, cable television
and other utility companies. The abstract of title or registered property
report shall be referred to the Village Attorney for his examination
and report. The Village Clerk shall also refer final plans and specifications
of public improvements required by this chapter to the Village Engineer
for review. The recommendations of the Plan Commission, Village Attorney
and Village Engineer shall be made within 30 days of the filing of
the final plat. The Village Engineer shall examine the certified survey
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 the plans and specifications
are not satisfactory, the Village Engineer shall so advise the owner
and the Plan Commission. The applicant shall file, at the time of
application, public improvement plans as required for final plats.
D.
Review and approval. The Plan Commission shall review
the map for conformance with this chapter and all ordinances, rules,
regulations, comprehensive plans, comprehensive plan components and
neighborhood plans. 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 Village Board. The Village
Board shall approve, approve conditionally and thereby require resubmission
of a corrected certified survey map or reject such certified survey
map within 60 days from the date of filing of the map unless the time
is extended by agreement with the applicant. If the map is rejected,
the reason shall be stated in the minutes of the meeting and a written
statement forwarded to the applicant. If the map is approved, the
Village Board shall cause the Village Clerk to so certify on the face
of the original map and return the map to the applicant.
E.
Recordation.
(1)
The applicant shall file a copy of the approved certified
survey map together with the approving resolution with the County
Register of Deeds within 30 days of the date of the last resolution
of approval and not later than six months following the date of the
first resolution of approval. All recording fees shall be paid by
the applicant.
(2)
No building permits shall be issued and no improvements
shall be made until the certified survey is recorded and a document
recording number is filed with the Building Inspector.
A.
Application required. No person, firm or corporation
shall divide any land located within the one-and-one-half-mile extraterritorial
plat approval jurisdiction of the Village without first filing an
application and a certified survey map and/or preliminary plat with
the Village for approval by the Plan Commission or the Village Board
of Trustees.
B.
Preapplication procedure.
(2)
This procedure will assist the applicant in appraising
the objectives of these regulations, the Master Plan, the Official
Map and other pertinent Village ordinances.
(3)
The preapplication information shall be submitted
to the Plan Commission for review and approval 15 days prior to when
the application will be considered.
C.
Extraterritorial land division policies. The following
policies shall govern the Village Plan Commission in approving division
of land within the one-and-one-half-mile extraterritorial area in
order to protect the rural character:
(1)
Sanitary sewer service.
(a)
No subdivisions without public sanitary sewer service as defined in this chapter, except for land divisions by certified survey as referred to in § 410-16, will be permitted within the one-and-one-half-mile extraterritorial limits of the Village.
(b)
At the time of submission of a final subdivision
plat, the subdivider shall present evidence of a binding commitment
for public sanitary sewer service to each lot within the proposed
subdivision prior to the sale of any lot within the subdivision or
shall submit a deed restriction providing for a waiver of an assessment
hearing for future sanitary sewer and water main construction.
(2)
For land divisions by certified survey as defined in § 410-20, the procedure for approval by the Village shall be as specified in § 410-16. The Plan Commission may require approval of the certified survey map by the pertinent Town Board before acting as specified under this section. Land divisions by certified survey as referred to in § 410-16 will be permitted for farm-related dwellings, for rural residential dwellings and for commercial use not exceeding an overall density of one unit for 40 acres. The only exception to this policy is that lots resulting in the infill of existing subdivisions may also be permitted. Approval will be determined based on the provisions of § 236.13, Wis. Stats.
(3)
The Village will attempt to seek consistency of locally
adopted town plans. To the extent that the policies of the Village
are more restrictive and are applicable under law, the Village's policies
shall prevail unless town requirements control. All land divisions
within the one-and-one-half-mile extraterritorial area will be subject
to the land preservation or dedication requirements of this chapter.
This specifically means the following:
(a)
Any road right-of-way, utility corridor, waterway
or stormwater management area identified on the Village Official Map
shall be dedicated in conformance with requirements of this chapter.
(4)
Lands falling within the one-and-one-half-mile extraterritorial
area shall be required to meet all of the design standards contained
in this chapter, where applicable, unless town requirements control.
(5)
The Plan Commission may require placement of covenants
or deed restrictions that are deemed necessary and appropriate by
the Village Plan Commission to protect the purpose and intent of the
Village's plan and ordinances. Any such restrictions shall be placed
on the face of the certified survey map from which the lot or lots
were created to verify the density standard established herein.
(6)
In all cases, the time period within which action
is required shall not begin until the Town Board, pertinent county
reviewing officials and the Village have received all maps, drawings
and data required for plat approval, applications have been completed
and fees have been paid.
