When it is proposed to divide land into more
than four lots or building sites by successive division, the subdivider
shall subdivide in accordance with the following procedures:
A.
The subdivider shall have an initial consultation
with the Town Plan Commission and other appropriate individuals or
entities deemed necessary by the Town Plan Commission before proceeding
with platting procedures. The purpose of these consultations is to
inform the subdivider of the parameters, regulations, and policies
in regard to the following issues:[1]
(1)
The suitability of the site for development.
(2)
The accessibility of the site.
(3)
The availability of public facilities (sewer, school,
parks, water, etc.) and public services (police, fire, etc.).
(4)
Soil conditions and drainage patterns.
(5)
The effect of the proposed development on any contemplated
improvements.
(6)
Zoning of the site and regulations that apply.
(7)
Required public improvements.
B.
The subdivider shall submit a concept plan on a topographic
survey map indicating the nature of the above conditions. The initial
sketch plan should take into account the intent of this chapter as
well as any other reviewing agencies' comments obtained in contacts
with the appropriate agencies. A second meeting may be required if
the sketch plan needs to be significantly altered to meet the criteria
identified in this chapter. The sketch plan will be reviewed as it
relates to:
(1)
Topography, based on a United States Geological Survey
(USGS) quadrangle map.
(2)
The improvements, design, dedications, or reservations
required by these regulations.
(3)
Continuity to existing development within 300 feet
of all boundaries.
(4)
Regulations as set down by Ch. 236, Wis. Stats.
(5)
Regulations established under Ch. COMM. 83, Wis. Adm.
Code (septic systems).
(6)
Regulations established under Ch. TRANS 33, Wis. Adm.
Code, as it relates to highway regulations.
(7)
Applicable county codes.
(8)
Consistency with the Town's Comprehensive Plan and
any other Town ordinances and policies.
(9)
For property within a Town sanitary district, the
proposed plat will be consistent with the plans for providing sanitary
sewer service.
As part of the preliminary plat submission,
the Town requires the subdivider to meet with the Town Attorney to
formulate a development agreement, which must be approved by the Town
Board prior to executing the final plat. The subdivider will be obligated
to pay all legal and professional fees associated with the Town's
review and approval of the development agreement.
A.
The subdivider shall file the following items for
preliminary plat review with the Town Clerk at least seven days prior
to the Town Plan Commission meeting:
(1)
Fifteen copies of the preliminary plat, plus one additional
copy for the Village of Winneconne if the plat lies within the Village's
extraterritorial plat review jurisdiction.
(2)
A copy of the map 11 inches by 17 inches or 8 1/2
inches by 11 inches.
(3)
Application form (available from the Town Clerk).
(4)
A filing fee (on record in the Town Clerk's office).
B.
Said filing must occur with the Town Clerk at least
seven days prior to the Town Plan Commission meeting. The subdivider
should also file a copy with the utility companies having jurisdiction
over the subject area so that required easements can be determined.
A subdivision within a sanitary district and sewer service area must
include district sanitary sewer service.
C.
The subdivider will be responsible for submitting
the required copies for state agency review according to § 236.12(6),
Wis. Stats. State review comments returned to the subdivider shall
be forwarded to the Town Clerk for inclusion in the Town's review.
If no objections were made by state reviewing agencies, the subdivider
is supplied with a state-certified copy. The subdivider must provide
the Town with a copy of the state certification indicating that no
objections were found. If an objecting agency fails to act within
20 days, it shall be deemed to have no objection to the plat.
D.
The preliminary plat and development agreement shall
be reviewed by the Plan Commission for conformance with this chapter
and all other ordinances, rules, and regulations and the Town Comprehensive
Plan. The Plan Commission is hereby designated as approving authority
for all preliminary plats.
E.
Within 90 days of the date of filing the preliminary
plat with the Town Clerk, the Plan Commission shall approve, approve
conditionally, or reject such plat, in accordance with § 236.11(1),
Wis. Stats. Failure of the Plan Commission to act within the 90 days,
or extension thereof, constitutes an approval of the preliminary plat.
One copy of the plat shall be returned to the subdivider with the
date and action endorsed thereon. If approved conditionally or rejected,
a letter setting forth the conditions of approval or the reasons for
rejection shall accompany the plat. A copy of the plat and letter
shall be filed in the Town Clerk's office.
F.
Upon petition by the subdivider, the Plan Commission
may waive submittal requirements.
G.
Approval or conditional approval of the preliminary
plat by the Plan Commission shall be deemed an expression of approval
or conditional approval of the proposed subdivision. If the final
plat conforms substantially to the preliminary plat as approved, including
any conditions of that approval, and to Town plans and ordinances,
the Town shall approve the final plat if submitted within 24 months
of the last required approval of the preliminary plat.
A.
The subdivider shall file the following items for
final plat review with the Town Clerk at least seven days prior to
the Town Plan Commission meeting:
(1)
Fifteen copies of the final plat, plus one additional
copy for the Village of Winneconne if the plat lies within the Village's
extraterritorial plat review jurisdiction.
(2)
A copy of the map 11 inches by 17 inches or 8 1/2
inches by 11 inches.
(3)
Application form (available from the Town Clerk).
(4)
A filing fee (on record in the Town Clerk's office).
(5)
A development agreement.
B.
The subdivider shall be responsible for submitting
the required copies for state agency review according to § 236.12(6),
Wis. Stats. State review comments returned to the subdivider shall
be forwarded to the Town Clerk for inclusion in the Town's review.
If no objections were made by state reviewing agencies, the subdivider
is supplied with a state-certified copy. The subdivider must provide
the Town with a copy of the state certification indicating that no
objections were found. If an objecting agency fails to act within
20 days, it shall be deemed to have no objection to the plat.
C.
The final plat may, if permitted by the Town Board,
constitute only that portion of the approved preliminary plat that
the subdivider proposes to record at that time.
D.
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 and may require the subdivider to resubmit a preliminary plat subject to § 275-18.
E.
Following a recommendation from the Town Plan Commission,
the Town Board shall, within 60 days of the date of filing the original
final plat with the Clerk, approve or reject such plat in accordance
with § 236.11(2), Wis. Stats., 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 with a copy to the Town
Plan Commission. If the Town Board fails to act within 60 days and
the time has not been extended by agreement and if no unsatisfied
objections have been filed within that period, the plat shall be deemed
approved, and, upon demand, a certificate to that effect shall be
made on the face of the plat by the Clerk of the authority which has
failed to act. The Town Board may not approve the final plat unless
the 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.
Following final plat approval by the Town Board
and either required improvements being installed or a development
agreement and sureties ensuring completion of installation being executed
and filed, the Town Clerk shall cause the certificate to be inscribed
upon the plat. Within six months of approval by the last approving
agency, the owner or his agent must have the plat recorded in the
Winnebago County Register of Deeds office.
