When it is proposed to divide a land into five or more parcels or building sites, any one of which is 10 acres or less in size, or where the act of division creates five or more parcels or building sites of 10 acres each or less in area by successive division within a period of five years, the subdivider shall subdivide in accordance with the following procedures:
A.
Before presentation to the Plan Commission, the subdivider shall have an initial consultation with the staff of the Community Development Department, Public Works Department and other pertinent departments in order to obtain their advice and assistance and so that the subdivider is familiar with 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 the Town departments may reach mutual conclusions regarding the general progress 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 and the following general factors:[1]
(1)
The suitability of the site for development.
(2)
The accessibility of the site.
(3)
The availability of public facilities (sewer, schools, parks, water, etc.) and public services (police, fire, etc.).
(4)
Soil conditions and drainage patterns.
(5)
The effect on the proposed development on any contemplated improvements.
(6)
Zoning.
B.
Submittal of concept plan. The subdivider must submit a concept plan to the Town Clerk at least 15 days before the Plan Commission meeting. It must be in sufficient detail to determine the nature of the above conditions and comply with the plat requirements checklist, § 475-19. The concept plan will be reviewed as it relates to:[2]
(1)
Topography.
(2)
The improvements, design, dedications or reservations required by these regulations.
(3)
Continuity to existing development within 300 feet of all boundaries.
(5)
Regulations established by the Wisconsin Administrative Code as regulated by the State Department of Safety and Professional Services for on-site septic systems.
(6)
Regulations established by the Wisconsin Administrative Code as it relates to highway regulations.
C.
Preliminary plat review within the Town.
(1)
Before submitting a final plat for approval, the subdivider shall prepare a preliminary plat in accordance with this chapter complying with the plat requirements checklist, § 475-19, and Ch. 236, Wis. Stats. The subdivider shall file 16 copies of the plat, a draft of protective covenants whereby the subdivider intends to regulate land use in the proposed subdivision and a letter of application with the Town Clerk at least 15 days prior to the meeting of the Plan Commission at which action is desired. The letter of application must indicate that copies of the plat are on file with the utility companies having jurisdiction over the subject area so that required easements can be determined.
(2)
The subdivider shall also submit the original preliminary plat to the State Department of Administration per § 236.12(2)(a), Wis. Stats., along with sufficient copies of the plat for retransmission by the Department of Administration to the Department of Safety and Professional Services and Department of Transportation in accordance with § 236.12(6), Wis. Stats.[3]
(3)
The Town Clerk shall transmit copies of the preliminary plat to the Town Park Commission, Grand Chute Sanitary District, Town Engineer, Town Building Inspector, Town Assessor, Town Director of Public Works and an adequate number of copies to the Town Plan Commission for review. The County Planning Agency, the State Department of Administration, the State Department of Transportation and the State Department of Safety and Professional Services shall be hereinafter referred to as "objecting agencies." The Town Board is hereby designated as approving authority with the Town Plan Commission designated advisory for all plats.[4]
(4)
Each objecting agency shall notify the subdivider and all other approving and objecting agencies of any objections. If there are no objections, the objecting agency shall so certify on the face of a copy of the plat and shall return that copy to the Town Plan Commission. If an objecting agency fails to act within 20 days of the date of receiving its copies of the preliminary plat, or 30 days in the case of the Department of Administration, it shall be deemed to have no objection to the plat.[5]
(5)
The Town Plan Commission, within 30 days of the date of filing of preliminary plat with the Town Clerk, shall review the preliminary plat for conformance with this chapter and all ordinances, rules, regulations, Comprehensive Plans and Comprehensive Plan components which affect it and refer the preliminary plat with its recommendation to the Town Board. The Town Board shall approve, approve conditionally, or reject such plat within 60 days of its submission to the Town Board. One copy of the plat shall thereupon be returned to the subdivider with the date and action endorsed thereon, and, if approved conditionally 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 Plan Commission's permanent file.[6]
(6)
Effect of conditional or preliminary approval. Approval or conditional approval of the preliminary plat by the Town Board shall be deemed an expression of approval or conditional approval of the layout submitted as a guide to the preparation of the final plat to be prepared and submitted by the subdivider under Subsection D which final plat will be subject to further consideration by the Plan Commission and Town Board at the time of its submission. Approval of the preliminary plat does not authorize the subdivider to proceed with the installation of site improvements nor does it authorize the sale of lots.[7]
(7)
Revocation of preliminary plat approval. The approval of the preliminary plat or any time extension thereof may be revoked upon written notice where the Plan Commission and Town Board find that a material change in conditions has occurred affecting the proposed subdivision, including new information regarding the physical conditions of the site or proposed public works, which would adversely affect to a substantial degree public health, safety or welfare.[8]
D.
Final plat review within the Town.
(1)
The subdivider shall prepare a final plat and a letter of application in accordance with this chapter complying with the plat requirement checklist, § 475-19, and Ch. 236, Wis. Stats., and shall file 16 copies of the plat and the application with the Town Clerk at least 15 days prior to the meeting of the Plan Commission at which action is desired. The subdivider shall also submit the original final plat to the State Department of Administration per § 236.12(2)(a), Wis. Stats., along with sufficient copies of the plat for retransmission by the Department of Administration to the Department of Safety and Professional Services and Department of Transportation in accordance with § 236.12(6), Wis. Stats.[9]
(2)
The Town Clerk shall transmit copies of the final plat to the Town Park Commission, Grand Chute Sanitary District, Town Engineer, Town Building Inspector, Town Assessor, Town Director of Public Works, and adequate copies to the Town Plan Commission for review.[10]
(3)
Partial platting. The final plat, may, if permitted by the Plan Commission and Town Board, constitute only that portion of the approved preliminary plat which the subdivider proposes to develop at that time.[11]
(4)
Final plat approval within the Town. Each objecting agency shall notify the subdivider and all other approving and objecting agencies of any objections. If there are no objections, the objecting agency shall so certify on the face of a copy of the plat and shall return that copy to the Town Plan Commission. If an objecting agency fails to act within 20 days of the date of receiving its copies of the preliminary plat, or 30 days in the case of the Department of Administration, it shall be deemed to have no objection to the plat.[12]
(5)
Submission. 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 12-20-2011 by Ord. No. 2011-30]
(6)
The Town Plan Commission shall, within 30 days of the date of filing of the final plat with the Town Clerk, refer the final plat with its recommendation to the Town Board.
[Amended 12-20-2011 by Ord. No. 2011-30]
(7)
The Town Board shall, within 60 days of the date of filing the original final plat with the 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.
(8)
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.
E.
Subdivision performance guarantees. Each subdivider within the Town shall be required and shall be responsible within each subdivision to construct, install, and complete the subdivision improvements contained in this section, and such installation shall be in accordance with Chapter 468 of this Code setting forth new Town road requirements and the payment for improvements. All improvements are required to be done to the Town's standards and specifications.
(1)
Subdivision streets shall be constructed and installed to Town Road Specifications.
(2)
Sanitary sewer and lift station, if necessary, shall be constructed to the specifications of the Town of Grand Chute Sanitary District No. 2 and water to the specifications of the Town of Grand Chute Sanitary District No. 1.
(3)
Curb and gutter shall be constructed and installed to Town specifications.
[Amended 12-20-2011 by Ord. No. 2011-30]
(4)
Storm sewers and lift stations shall be constructed if determined necessary by the Town Board at time of final plat approval.
(5)
Dedicated clear water drainage easements shall be constructed as determined necessary by the Town Board at the time of approval of the subdivision final plat or at such subsequent time as the subdivision experiences clear water drainage problems. In the latter event, the Town may assess the cost of acquisition, construction and maintenance of clear water drainage easements to benefitted subdivision lots.
(6)
Streetlighting.
[Amended 12-20-2011 by Ord. No. 2011-30; 2-5-2013 by Ord. No. 2013-02]
(a)
Streetlighting, including standard wooden pole/cobra head streetlights, enhanced urban streetlights or commercial streetlights, shall be constructed as determined appropriate by the Town Plan Commission and approved by the Town Board at the time of final plat approval.
(b)
The Town shall review the streetlighting based on the current streetlighting policy and existing streetlights in the neighborhood.
(7)
Other improvements.
(a)
Plantings of decorative trees and/or other plantings and/or landscaping shall be installed as determined appropriate by the Town Plan Commission and approved by the Town Board at time of final plat approval.
(b)
Street trees shall be planted at least one tree per lot frontage on a public street so as not to interfere with utilities, corner visibility or lighting. The subdivider shall identify the tree species and location on a landscaping plan.
[Amended 12-20-2011 by Ord. No. 2011-30]
(c)
By submitting a subdivision final plat for approval to the Town Board, the subdivider does hereby agree that all of the municipal improvements shall be constructed and completed by the subdivider. All such municipal improvements shall be completed by the subdivider to the specifications of the Town of Grand Chute.
[Amended 12-20-2011 by Ord. No. 2011-30]
(d)
The Town and the Town Building Inspector are authorized to withhold the issuance of all building permits within the subdivision until all municipal improvements are substantially complete as determined by the Town Engineer.
[Amended 12-20-2011 by Ord. No. 2011-30]
(e)
By recording the final plat, the subdivider agrees for himself and for his assigns that any charges necessitated and incurred by the Town in fulfillment of any of the subdivider covenants and responsibilities above shall be charged to all benefiting property owners as special assessments.
(f)
Each subdivider submitting a final plat for approval to the Town Board shall be required to place on the final plat document, prior to recording, a restriction as follows:
[Amended 12-20-2011 by Ord. No. 2011-30; 2-5-2013 by Ord. No. 2013-02]
"This final plat is subject to all of the requirements of § 475-15E of the Code of the Town of Grand Chute. The subdivider, for himself and his assigns, shall be responsible for all municipal improvements, including asphalt surface streets, graveled road shoulders or curb and gutter, sewer and water, sewer lift stations, storm sewers, dedicated clear water drainage easements, and streetlighting. Pursuant to § 475-15E of the Code of the Town of Grand Chute, the Town of Grand Chute reserves the right to withhold building permits for this subdivision if the above-stated municipal improvements have not been completed by the subdivider according to the terms and conditions of § 475-15E. Utility connection fees (as listed on the Town Fee Schedule) for sewer, water and storm services shall be payable by each lot within the platted subdivision to the Town of Grand Chute Sanitary Districts. Furthermore, a special streetlighting charge, in accordance with the procedures listed under § 57-21, Special charges for current services, shall be assessed annually to property owners of each buildable lot within the subdivision for the energy and facility maintenance costs of streetlighting within the Town. Any costs due to streetlighting in excess of the standards within the streetlighting policy, as requested by the subdivider or property owners, shall be assessed directly to the abutting property owners." |
(g)
The Town Board shall require a subdivider to file with the Town Clerk a performance guarantee prior to final plat approval to ensure installation and construction of the municipal improvements set forth above, to the standards and specifications required of the Town of Grand Chute. The performance guarantees are as follows:
[Amended 12-20-2011 by Ord. No. 2011-30]
(h)
When the subdivider has filed a performance guarantee, and when any required improvements have been completed and approved, a portion of the security commensurate with the cost of these improvements may be released and returned by the Town Board. Requests for release of a portion of the performance guarantee shall not occur more than once per month, and no greater than 80% of the original amount shall be released prior to acceptance of the municipal improvements. In the event that a subdivider fails to install all required municipal improvements in accordance with the recorded final plat and this chapter, then either the security is forfeited to the Town to be used for completion of improvements or the Town of Grand Chute has the right to invoke the performance bond terms and conditions. If the performance guarantee is insufficient to complete all municipal improvements without cost to the Town, the Town of Grand Chute retains the right to pursue the subdivider/owner and/or performance bond company for that amount of additional moneys the Town has been required to expend to complete the subdivider's obligations and responsibilities under this chapter.
[Amended 12-20-2011 by Ord. No. 2011-30]
F.
Recording the final plat. After the final plat has been approved by the Town Board and required improvements either installed or a performance guarantee 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.
[Amended 12-20-2011 by Ord. No. 2011-30]
G.
Copies. The subdivider shall file 10 copies of the recorded final plat with the Town Clerk for distribution to the Town Park Commission; Grand Chute Sanitary District, the Town Plan Commission, the Town Engineer, Building Inspector, Assessor and Town Road Superintendent. The subdivider shall also distribute copies to utilities, to the East Central Wisconsin Regional Planning Commission (ECWRPC) and other affected agencies for their files, with a copy of the transmittal to the Town Clerk.