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.
(4)
Regulations as set down by Ch. 236, Wis. Stats.
(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]
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"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."
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(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.
A.
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 subdivider shall follow §§ 236.36 and 236.40 through 236.44, Wis. Stats. The subdivider shall then proceed as specified in § 475-15 of this chapter.
B.
When necessary, the Town Clerk shall schedule a public
hearing before the 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 certified survey map (CSM) shall be required for
all newly created parcels of land where the act of division will create
a lot, parcel or tract of 10 acres in area or less, except where the
newly created parcel is entirely within a recorded subdivision or
where the newly created parcel is within a previously recorded CSM.
A CSM shall also be required for all public dedications. No land included
in any street, highway or railroad right-of-way shall be included
in computing lot area.
B.
If any lots to be divided are not served by public
sanitary sewer, percolation tests shall be submitted to the Town Clerk
for approval by the Town Building Inspector according to the procedure
and standards established under the rules of the State Department
of Safety and Professional Services applicable to subdivision. Failure
of the Town Building Inspector to act within 20 days shall constitute
approval by the office.
C.
The Town Clerk shall transmit a copy of the map to
all affected Town boards, commissions or departments for their review
and recommendations concerning matters within their jurisdiction.
Their recommendations shall be transmitted to the Town Plan Commission
within 10 days from the date the map is filed. The map shall be reviewed
by the Plan Commission for conformance with this chapter and all ordinances,
rules, regulations, and Comprehensive Plans which affect it. The Plan
Commission shall, within 30 days from the date of filing of the map,
recommend approval, conditional approval or rejection of the map and
shall transmit the map along with its recommendations to the Board.
D.
The Board shall approve, approve conditionally, or
reject such map within 90 days from the date of filing of the map
unless the time is extended by agreement with the subdivider. If the
map is rejected, the reason shall be stated in the minutes of the
meeting and a written statement forwarded to the subdivider. If the
map is approved, the Town Board shall cause the Town Clerk to so certify
on the face of the original map and return the map to the subdivider.[1]
E.
F.
Recording. The certified survey map shall be recorded
with the County Register of Deeds. When a certified survey map has
been so recorded, the parcels of land in the map shall be described
by reference to the number of the survey, the volume and page where
recorded, and the name of the county. Any land or improvements offered
for dedication and noted on the certified survey map shall be deeded
at the time of recording, unless otherwise arranged.
G.
Copies. The subdivider shall file 10 copies of the
recorded certified survey map with the Town Clerk for distribution
to the Town Engineer, the Building Inspector, Assessor, utilities
and other affected Town departments for their files. The subdivider
shall also file copies with the East Central Wisconsin Regional Planning
Commission (ECWRPC), with copies of the transmittal sent to the Town
Clerk.
An Assessor's plat made under § 70.27,
Wis. Stats., may be ordered by the Town Board at the expense of the
subdivider when a subdivision is created by successive divisions without
complying with this chapter.
A.
Concept plan.[1]
(1)
Title, scale, North arrow and date must be shown.
(2)
The scale should not be less than 200 feet to the
inch and should be on a topographical survey map. It may be a freehand
sketch on a print of such a map and must show:
(3)
Must show a location map. It may be freehand in the
same orientation as the concept plan and must show:
(4)
Must show total acreage of subdivision and number
of lots proposed and the typical width and depth of lots.
(5)
Name, phone number and address of subdivider or his
agent.
(6)
Approximate square footage of each lot.
B.
Preliminary plat.
(1)
It shall be clearly marked "preliminary plat" and
shall be in sufficient detail to determine whether the final plat
will meet all requirements of this chapter.
(2)
Title, scale, North arrow and date must be shown.
(3)
The scale shall not be less than 100 feet to the inch
and shall be drawn on a topographical survey map having contour intervals
of no more than two feet between intervals.
(4)
Must show the location and dimensions of:
(a)
Existing, planned and proposed streets, public
facilities or land, easements, existing buildings, watercourses, drainage
ditches and other such features.
(b)
Facilities or land offered for dedication or
reserved for public or other use as indicated.
(c)
Contour lines/elevation points.
(d)
Owners of adjoining land.
(e)
Blocks and lots in consecutive order.
(5)
It must have a neighborhood location map showing subdivision
location and surrounding roads, etc., in the same orientation as the
preliminary plat.
(6)
It must have a feasibility report on sewage and water
facilities.
(7)
Must show zoning classification, land use and minimum
lot sizes within and adjacent to the subdivision.
(8)
Must be a drawing of all present and proposed street
grades and facilities for sanitary sewer, water and stormwater drainage.
(9)
There must be a draft of all types of restrictions
placed on the land which will become covenants in the deeds for lots
shown on the final plat when submitted. These covenants should encourage
a variety of dwelling types and developments suitable to the site.
(10)
Must show total acreage of subdivision, number
of lots proposed, the typical width, depth and approximate square
footage of lots, and total street length.
(11)
Name, telephone number and address of the subdivider
or his agent.
