Prior to filing an application for approval
of a preliminary plat, the subdivider may consult with the Zoning
Administrator for advice and assistance for the purpose of reviewing
the procedures and requirements of this chapter and other ordinances
and any plans or data which may affect the proposed development. It
is generally desirable to submit a sketch plan of the proposed development
along with a general indication of the type and extent of development.
Prior to submitting a final plat for approval,
the subdivider shall cause to be prepared a preliminary plat and file
it with the Grant County Zoning Administrator along with a written
application for approval of the preliminary plat, which shall include
all data required by this chapter accompanied by six copies of the
plat. The preliminary plat shall cover the entire area owned or controlled
by the subdivider even though only a small portion thereof is proposed
for development at the time. The Planning and Zoning Committee shall,
within 90 days from the date submitted, approve, approve conditionally
or reject the preliminary plat based on its determination of conformance
with the provisions of this chapter.
A.
The Zoning Administrator shall forward one copy of
the plat to the town in which the plat is proposed to be located and
any state agencies as may be required under § 236.12. The
town shall, within 15 days, submit its comments to the Zoning Administrator.
The Planning and Zoning Committee shall hold a hearing on the preliminary
plat. The Zoning Administrator shall send written notice to the parties
in interest at least 10 days prior to the hearing informing them of
the date, time, place, and subject of the hearing. At the hearing,
any party may appear in person or by agent or attorney.
B.
All preliminary plats must comply with the provisions
of this chapter and the provisions of § 236.13, Wis. Stats.
If the preliminary plat meets all of the provisions of this chapter
and § 236.13, Wis. Stats., and no objections are filed to
the preliminary plat by the town involved or a state agency, the preliminary
plat shall be approved. If the preliminary plat fails to meet all
of the provisions of this chapter and § 236.13, Wis. Stats.,
or if an objection is filed by a town or a state agency, then the
preliminary plat shall be rejected.
C.
The Planning and Zoning Committee shall send a written
decision setting forth its decision and the basis for any rejection
to the subdivider.
D.
The written application for approval of a preliminary
plat to be completed by the subdivider must set forth the name, address,
and telephone number of the subdivider/owner, name and address of
the surveyor, legal description of the property involved, and a description
as to the proposed plan for the property.
If the preliminary plat has been approved or been approved conditionally, the subdivider may submit six copies of the final plat to the Grant County Zoning Administrator. All improvements required by this chapter shall be made or guaranteed in a manner described in §§ 305-21 to 305-25 of this chapter.
A.
The Zoning Administrator shall forward a copy of the
final plat to the town in which the plat is proposed to be located
and to any state agencies required by § 236.12, Wis. Stats.
The town shall, within 15 days, submit its comments to the Zoning
Administrator.
B.
The Planning and Zoning Committee shall hold a hearing
on the final plat. The Zoning Administrator shall send written notice
to the parties in interest at least 10 days prior to the hearing informing
them of the date, time, place, and subject of the hearing. At the
hearing, any party may appear in person or by agent or attorney. The
final plat must comply with all of the requirements of this chapter
and the requirements of §§ 236.13, 236.20 and 236.21,
Wis. Stats. The Planning and Zoning Committee shall send a written
decision setting forth its decision and the basis for any rejection
to the subdivider.
C.
If the final plat meets the requirements of this chapter
and meets the requirements of §§ 236.13, 236.20 and
236.21, Wis. Stats., and if no objections to the final plat have been
filed by the town or state agencies and the final plat has been submitted
within 24 months from the approval date of the preliminary plat and
the conditions have been met in the case of preliminary plats given
conditional approval, the Planning and Zoning Committee shall approve
the final plat of the subdivision.
D.
The Planning and Zoning Committee shall either approve,
deny, or conditionally approve the final plat within 60 days of its
submission. If the Planning and Zoning Committee decides to approve
the final plat, it shall give at least 10 days' prior written notice
of its intention to the clerk of the town whose boundaries are within
1,000 feet of any portion of such proposed plat.
The Planning and Zoning Committee can condition
approval of any plat upon the subdivider meeting stated conditions
which the Planning and Zoning Committee deems are necessary for the
welfare or safety of the residents of Grant County or in furtherance
of the goals of this chapter.
Certified survey maps must meet the requirements
of § 236.34, Wis. Stats., and must be approved by the Planning
and Zoning Committee in order to be recorded. Within 90 days of submitting
a certified survey map for approval, the Grant County Planning and
Zoning Committee shall approve, reject or conditionally approve the
same. Ten days' advance notice of the hearing on the certified survey
map shall be sent to interested persons setting forth the date, time,
place, and subject matter of the hearing. A certified survey map must
meet the standards set forth in § 236.34, Wis. Stats., to
be approved. The Committee shall send its written decision which sets
forth any basis for rejection to the applicant.
A.
Preliminary plat. The preliminary plat shall be based
upon a survey by a registered land surveyor and shall be submitted
in six copies at a scale of not more than 100 feet to one inch and
shall show correctly on its face:
(1)
Date, graphic scale and North point.
(2)
Name of the proposed subdivision.
(3)
Name, address and telephone number of the person to
be contacted regarding the plat.
(4)
Location of the proposed subdivision by government
lot, quarter section, section, township, range and county.
(5)
A scaled drawing of the exterior boundaries of the
proposed subdivision referenced to a corner established in the United
States Public Land Survey and the total acreage encompassed thereby.
(6)
Location and names of adjacent subdivisions, parks
and cemeteries.
(7)
Location, right-of-way width and names of any existing
or proposed streets, alleys or other public ways, easements, and railroad
and utility rights-of-way included within or adjacent to the proposed
subdivision.
(8)
Location of existing property lines, buildings, drives,
streams and watercourses, lakes, marshes, rock outcrops, wooded areas,
and other similar significant features within the parcel being subdivided.
(9)
Water elevations of adjoining lakes or streams at
the date of the survey and approximate high and low water elevations.
(10)
Contours at vertical intervals of five feet.
(11)
Location and approximate dimensions of any sites
to be reserved or dedicated for parks, playgrounds, drainageways,
or other public uses or which are to be used for group housing, shopping
centers, church sites or other uses not requiring lotting.
(12)
Existing and proposed land use and zoning included
within or adjacent to the proposed subdivision.
(13)
Approximate dimension of all lots and proposed
lot and block numbers.
(14)
When requested by the Planning and Zoning Committee,
a draft of a protective covenant whereby the subdivider proposes to
regulate land use in the subdivision and otherwise protect the proposed
development.
B.
Final plat. The final plat of the proposed subdivision
shall comply with the requirements of Ch. 236, Wis. Stats.
The Planning and Zoning Committee may hear and
grant appeals for variances not contrary to the public interest where,
owing to special conditions, a literal enforcement of this chapter
will result in practical difficulty or unnecessary hardship, so that
the spirit and purpose of this chapter shall be observed and the public
safety, welfare, and justice secured. Variances shall not create substantial
detriment to adjacent property.
A.
Principles guiding Planning and Zoning Committee decisions.
The following are principles that shall guide the Planning and Zoning
Committee:
(1)
The burden is upon the appellant to prove the need
for a variance.
(2)
Pecuniary hardship, loss of profit and self-imposed
hardship, such as that caused by ignorance, deed restrictions, proceeding
without a permit, or illegal sales, are not sufficient reasons for
granting a variance.
(3)
The plight of the appellant must be unique, such as
a shallow or steep parcel of land, or a situation caused by other
than his own action.
(4)
The hardship justifying a variance must apply to the
individual appellant's parcel or structure and not generally to other
properties in the County.
B.
Application. Applications for a variance shall be
made in duplicate to the Zoning Administrator on forms provided by
his office. Applications for variances shall be forwarded to the Planning
and Zoning Committee.[1]
C.
Review and approval. Upon receipt of an application
for a variance the Planning and Zoning Committee shall set a time
and place for a meeting at which the appellant and other interested
parties will be heard. Notice of the hearing shall be given to interested
persons at least 10 days in advance of the hearing by the Zoning Administrator,
which notice shall set forth the date, time and place of the hearing
and the subject. Any party can appear in person or by counsel or agent.
In passing upon a variance, evaluation of the proposed development
shall take into account the following:[2]
(1)
The maintenance of safe and healthful conditions.
(2)
The prevention and control of water pollution, including
sedimentation.
(3)
Existing topographic and drainage features and vegetation
cover on the site.
(4)
The location of the site with respect to floodplains
and floodways of rivers or streams.
(5)
The erosion potential of the site based upon degree
and direction of slope type and vegetation cover.
(6)
The location of the site with respect to existing
or future access roads.
(7)
The amount of stormwaters and solid and liquid wastes
to be generated and the adequacy of the proposed disposal system.
Any person aggrieved by a decision of the Planning
and Zoning Committee can appeal the decision of the Planning and Zoning
Committee to the Grant County Board of Adjustment by filing a written
notice of appeal with the Zoning Administrator within 30 days of the
receipt of the decision of the Committee setting forth the grounds
of the appeal. A hearing shall be scheduled before the Board of Adjustment
within 30 days of receipt of the notice. Notice of the hearing before
the Board of Adjustment shall be sent to interested persons at least
10 days in advance of the hearing setting forth the date, time, and
place of the hearing and subject matter. A party may appear at the
hearing in person or by an attorney or agent. At the hearing, the
parties can present evidence and call witnesses. The Board of Adjustment
shall send its written decision to interested parties which shall
also set forth the grounds for its decision. Any person aggrieved
by a decision of the Board of Adjustment can file an appeal by filing
a writ of certiorari with the Grant County Circuit Court within 30
days of receipt of the decision of the Board of Adjustment.
The subdivider shall, after receiving approval
pursuant to this chapter, have the final plat recorded in the Grant
County Register of Deeds Office.
A.
Fees. The developer shall pay to the Grant County
Zoning Administrator a fee amounting to $10 plus $1 for each lot or
parcel shown on the preliminary plat to assist in defraying the cost
of reviewing the plat. In addition, the developer shall pay to the
Zoning Administrator, prior to approval of a final plat of a subdivision,
a fee to defray the cost of checking improvement plans and inspecting
improvements amounting to $10 plus $1 per lot as shown on the final
plat.
B.
Violations and penalties. Any person, firm or corporation
who or which fails to comply with the provisions of these regulations
shall, upon conviction thereof, be subject to forfeitures as provided
in §§ 236.30, 236.31, 236.32, 236.335 and 236.35, Wis.
Stats., plus statutory costs. The Grant County Corporation Counsel
is authorized to file a lawsuit against any violators of this chapter.
