If the Village is used as the forwarding agency, the subdivider
shall file legible copies of the preliminary or final plat with a
list of the authorities to which the plat must be submitted for approval
or objection under § 236.10 or 236.12, Wis. Stats., with
the Village Clerk, who shall note the date of filing on each print.
A. Forwarding
of plats. Within two days after a preliminary or final plat has been
submitted for approval, the Clerk shall forward the specified number
of copies to the following agencies authorized to object to the plat,
along with a list of all agencies authorized to object or approve
the plat:
(1) State agencies. Two copies for each of the state agencies
required to review the plat to the Department of Administration, which
shall examine the plat for compliance with §§ 236.15,
236.16, 236.20 and 236.21(1) and (2), Wis. Stats.
(a)
If the subdivision abuts or adjoins a state
trunk or connecting highway, the Department shall transmit two copies
to the State Department of Transportation.
(b)
If the subdivision is not served by a public
sewer and provision for such service has not been made, the Department
shall transmit two copies to the Department of Safety and Professional
Services.
(2) County planning agency. Six copies to the county planning
agency.
(3) Village Engineer. Two copies to the Village Engineer
for his report on the technical aspects of the plat and his estimates
of the costs involved to install the improvements required by this
chapter.
(4) Village Plan Commission. Two copies to the Village
Plan Commission for its comments on the general design of the plat.
B. Objections
to plat. Within 20 days of the date of receiving the copies of the
plat, any agency having the authority to object shall notify the subdivider
and all approving or objecting authorities of any objection 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 approving authority from which
it was received, except that the Department of Administration shall
have 30 days to act. The Village Engineer and Village Plan Commission
shall make their report to the Village within the same twenty-day
period.
(1) Objections must be satisfied. The plat shall not be
approved or deemed approved until all objections have been satisfied.
(2) Failure to act. If the agency having the authority
to object fails to act within the time limit, it shall be deemed to
have no objection to the plat.
The subdivider shall submit a preliminary plat in sufficient
detail to determine whether the final plat will meet layout requirements.
The subdivider shall also submit data required by the Department of
Safety and Professional Services regarding percolation tests and soil
borings.
A. Approval or rejection. Within 90 days of the date
of submittal, the Village shall take action to approve, approve conditionally
or reject such plat and shall state in writing any conditions of approval
or reasons for rejection.
B. Failure to act. Failure of the approving authority
to act within such 90 days shall constitute an approval of the preliminary
plat, unless the time is extended by agreement with the subdivider.
C. Approval required prior to construction. No subdivider
shall proceed with any construction work, including grading, until
the preliminary plat has been approved.
D. Principles of design. The design principles of this
chapter shall apply to subdivisions within the Village.
E. Filing fee. To defray the administrative costs resulting
from the act of subdividing land within the Village, the subdivider
shall pay a filing fee to the Clerk at the time of plat submittal.
If the final plat conforms substantially to the layout shown
in the preliminary plat as approved, including any conditions of that
approval, it shall be entitled to approval with respect to such layout.
A. Submission date. If the final plat is submitted within
36 months of the last required approval of the preliminary plat, the
Village shall take action to approve or reject the plat. If the final
plat is not submitted within 36 months, the Village may refuse to
approve the final plat and may require resubmittal of the preliminary
plat.
B. Plat portion of preliminary plat. The final plat may,
if permitted by the Village, constitute only that portion of the approved
preliminary plat which the subdivider proposes to record at that time.
C. Approval or rejection. The Village Board shall take
action to approve or reject the final plat within 60 days of its submission,
unless the time is extended by agreement with the subdivider. If a
plat is rejected, the reasons therefor shall be stated in the minutes
of the meeting and a copy thereof or a written statement of the reasons
supplied to the subdivider and all objecting authorities.
D. Failure to act. If the Village fails to act within
60 days of submittal and the time has not been extended by agreement
and no unsatisfied objections have been filed within that period,
the final plat shall be deemed approved, and, upon demand, a certificate
to that effect shall be made on the face of the plat by the Village
Clerk.
E. Penalty. Any subdivider or his agent who offers or
contracts to convey or conveys any subdivision, lot or parcel of land
which lies in a subdivision knowing that the final plat thereof has
not been recorded with the Register of Deeds may be subject to a forfeiture
of not more than $500 or, in default of payment of such forfeiture,
may be imprisoned in the county jail until payment thereof, but not
exceeding six months, except that where the preliminary or final plat
of the subdivision has been filed for approval with the Village, an
offer or contract to convey may be made if that offer or contract
states on its face that it is contingent upon approval of the final
plat and shall be void if such plat is not approved.
F. Fee. All costs for Village engineering and planning
consulting services, administration and inspections of the final plat
and the improvements installed therein shall be paid by the subdivider.
The Village may require that part or all of this fee be paid prior
to granting approval of the final plat.
G. Surety. Whenever the improvements required by this
chapter have not been installed and accepted by the Village prior
to approval of the final plat, the final plat shall not be approved
until the subdivider has legally guaranteed their installation by
filing an adequate surety bond, performance bond, cash or certified
check approved by the Village Attorney with the Clerk.
In lieu of the previously described procedure, the subdivider
or his agent may submit the original plat directly to each of the
agencies authorized to object. Each such agency shall have 20 days
from the date of the submission of the original plat in which to object
to the plat. Failure to act within 20 days from the date of submission
shall mean that the agency has no objection to the plat, and, upon
demand, it shall so certify on the face of the plat.