Before filing a preliminary plat or certified survey, the subdivider
is encouraged to consult with the Plan Commission for advice regarding
general subdivision requirements. Information on meeting dates, agenda
deadlines and filing requirements may be obtained from the Village
Clerk. The subdivider shall also submit a location map showing the
relationship of the proposed subdivision to traffic arteries and existing
community facilities. This consultation is neither formal nor mandatory
but is intended to inform the subdivider of the purpose and objectives
of these regulations, the Comprehensive Plan, Comprehensive Plan components
and duly adopted plan implementation devices of the Village and to
otherwise assist the subdivider in planning his development. In so
doing, both the subdivider and the Plan Commission may reach mutual
conclusions regarding the general program 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.
A.
Submission. Before submitting a final plat for approval, the subdivider
shall prepare a preliminary plat and a letter of application. The
subdivider shall submit nine copies of the preliminary plat. The preliminary
plat shall be prepared in accordance with this chapter, and the subdivider
shall file copies of the plat and the application as required by this
section with the Village Clerk at least 15 days prior to the meeting
of the Plan Commission at which action is desired. The Village Clerk
shall submit a copy of the preliminary plat to the Plan Commission
and to the Village Engineer for review and written report of his recommendations
and reactions to the proposed plat.
B.
Public improvement plans and specifications. Simultaneously with
the filing of the preliminary plat map, the owner shall file with
the Village Clerk six complete sets of engineering reports, plans
and specifications for the construction of any public improvements
required by this chapter, specifically addressing sewer and water
service feasibility, drainage facilities, traffic patterns, typical
street cross sections, erosion control plans, pavement design and
other improvements necessary in the subdivision.
C.
Property owners' association; restrictive covenants. A draft of the
legal instruments and rules for proposed property owners' associations,
when the subdivider proposes that common property within a subdivision
would be either owned or maintained by such an organization of property
owners or a subunit of the Village pursuant to § 236.293,
Wis. Stats., and proposed deed restrictions or restrictive covenants
shall be submitted at the time of filing the preliminary plat with
the Village Clerk.
D.
Affidavit. The surveyor preparing the preliminary plat shall certify
on the face of the plat that it is a correct representation of all
existing land divisions and features and that he has fully complied
with the provisions of this chapter.
E.
Supplementary data to be filed with preliminary plat. The following
shall also be filed with the preliminary plat:
(1)
Use statement. A statement of the proposed use of lots, stating the
type of residential buildings with the number of proposed dwelling
units and types of business or industry so as to reveal the effect
of the development on traffic, fire hazards and congestion of population.
(2)
Zoning changes. If any zoning changes are contemplated, the proposed
zoning plan for the area, including dimensions.
(3)
Area plan. Where the subdivider owns property adjacent to that which
is being proposed for the subdivision, the Plan Commission and/or
Village Board may require that the subdivider submit a preliminary
plat of the remainder of the property so as to show the possible relationships
between the proposed subdivision and future subdivision. In any event,
all subdivisions must be shown to relate well with existing or potential
adjacent subdivisions.[1]
F.
Street plans and profiles. The subdivider shall provide street plans
and profiles showing existing ground surface and proposed and established
street grades, including extensions for a reasonable distance beyond
the limits of the proposed subdivision when requested.
G.
Soil testing. The subdivider shall provide a preliminary soils report, listing the types of soil in the proposed subdivision, their effect on the subdivision and a proposed soil testing and investigation program. Pursuant to the public policy concerns prescribed in § 575-7, the Village Board may require that borings and soundings be made in specified areas to ascertain subsurface soil, rock and water conditions, including depth to bedrock and depth to groundwater table.
H.
Referral to other agencies. The subdivider or the subdivider's
agent will submit the original plat to the Department of Administration,
which shall forward two copies to each of the agencies authorized
to object. The Department of Administration shall have the required
number of copies made at the subdivider's expense. Within 20
days of the date of receiving the copies of the plat, any agency having
authority to object shall notify the subdivider, and all agencies
having the authority to object, of any objection based upon failure
of the plat to comply with the statutes or rules which its examination
is authorized to cover, 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 Department of Administration. After each agency and the Department
of Administration have certified that they have no objection or that
their objections have been satisfied, the Department of Administration
shall so certify on the face of the plat. If an agency fails to act
within 20 days from the date of the receipt of copies of the plat,
and the Department of Administration fails to act within 30 days of
the receipt of the original plat, it shall be deemed that there are
no objections to the plat and, upon demand, it shall be so certified
on the face of the plat by the Department of Administration.[2]
I.
Drafting standards. The subdivider shall submit to the Village Clerk
and to those agencies having the authority to object to plats under
provisions in Ch. 236, Wis. Stats., copies of a preliminary plat (or
certified survey) based upon an accurate exterior boundary survey
by a registered land surveyor which shall show clearly the proposed
subdivision at a scale of not more than one inch per 100 feet having
two-foot contour intervals. At the request of the Plan Commission
or Zoning Administrator, the subdivider shall identify the improvements
(grading, tree planting, paving, installation of facilities and dedication
of land) and easements which the subdivider proposes to make and shall
indicate by accompanying letter when the improvements will be provided.
Any proposed restrictive covenants for the land involved shall be
submitted.[3]
A.
Plan Commission recommendation.
(1)
After review of the preliminary plat and negotiations with the subdivider
on changes and the kind and extent of public improvements which will
be required, the Plan Commission shall recommend to the Village Board
disapproval, approval or conditional approval of the preliminary plat
within 40 days of the filing date. [Note: Section 236.11(1)(a), Wis.
Stats., states that extensions of time or a decision to hold a matter
in abeyance may only be made by agreement of the subdivider and Village
Board, not the Plan Commission.]
(2)
The Village Clerk shall give notice of the Plan Commission's
review of the preliminary plat by listing it as an agenda item in
the Commission's posted meeting notice. The notice shall include the
name of the applicant, the address of the property in question and
the requested action.
B.
Board review; public hearing. The Village Clerk shall schedule a
public hearing on the preliminary plat before the Village Board. The
Village Clerk shall give notice of the Village Board's review
and public hearing on the preliminary plat by listing it as an agenda
item in the Board's posted meeting notice and publishing a Class
2 notice per Ch. 985, Wis. Stats. The notice shall include the name
of the applicant, the address of the property in question and the
requested action. Property owners within 200 feet of the proposed
land division shall receive written notice of the public hearing.
C.
Board action. After receipt of the Plan Commission's recommendation,
the Village Board shall, within 90 days of the date the plat was filed
with the Village Clerk, approve, approve conditionally or reject such
plat and shall state, in writing, any conditions of approval or reasons
for rejection, unless the time is extended by agreement with the subdivider.
Failure of the Village Board to act within 90 days or extension thereof
shall constitute an approval of the preliminary plat, unless other
authorized agencies object to the plat. The Village Clerk shall communicate
to the subdivider the action of the Village Board. If the plat is
approved, the Village Clerk shall endorse it for the Village Board.
D.
Effect of preliminary plat approval. Approval or conditional approval
of a preliminary plat shall not constitute automatic approval of the
final plat, except that if the final plat is submitted within 36 months
of preliminary plat approval and conforms substantially to the preliminary
plat layout, the final plat shall be entitled to approval with respect
to such layout. The preliminary plat shall be deemed an expression
of approval or conditional approval of the layout submitted as a guide
to the preparation of the final plat, which will be subject to further
consideration by the Plan Commission and Village Board at the time
of its submission.[1]
E.
Preliminary plat amendment. Should the subdivider desire to amend
the preliminary plat as approved, he may resubmit the amended plat,
which shall follow the same procedure, except for the fee, unless
the amendment is, in the opinion of the Village Board, of such scope
as to constitute a new plat, in which such case it shall be refiled.
A.
Filing requirements.
(1)
The subdivider shall prepare a final plat and a letter of application in accordance with this chapter and shall file nine copies of the plat and the application with the Village Clerk at least 15 days prior to the meeting of the Plan Commission at which action is desired. The Village Clerk shall give notice of the Plan Commission's meeting in the manner prescribed in § 575-10A(2). The owner or subdivider shall file copies of the final plat not later than 36 months after the date of approval of the preliminary plat; otherwise, the preliminary plat and final plat will be considered void unless an extension is requested in writing by the subdivider and for good cause granted by the Village. The owner or subdivider shall also submit at this time a current certified abstract of title or registered property report and such other evidence as the Village Attorney may require showing title or control in the applicant.[1]
(2)
The final plat shall conform to the preliminary plat as approved
and to the requirements of all applicable ordinances and state laws
and shall be submitted for certification of those agencies having
the authority to object to the plat as provided by § 236.12(2),
Wis. Stats.
(3)
Simultaneously with the filing of the final plat, the owner shall
file with the Village Clerk six copies of the final plans and specifications
of public improvements required by this chapter.
(4)
The Village Clerk shall refer two copies of the final plat to the
Plan Commission, one copy to the Village Engineer, and a copy each
to the utility companies (cable television, telephone, water, sewer,
gas, and electric). The abstract of title or registered property report
may be referred to the Village Attorney for his examination and report.
The Village Clerk shall also refer the final plans and specifications
of public improvements to the Village Engineer for review. The recommendations
of the Plan Commission and Village Engineer shall be made within 30
days of the filing of the final plat. The Village Engineer shall examine
the plat and final plans and specifications of public improvements
for technical details and, if he finds them satisfactory, shall so
certify in writing to the Plan Commission. If the plat or map or the
plans and specifications are not satisfactory, the Village Engineer
shall return them to the owner and so advise the Plan Commission.
B.
Plan Commission review.
(1)
The Plan Commission shall examine the final plat as to its conformance
with the approved preliminary plat, any conditions of approval of
the preliminary plat, this chapter and all applicable ordinances,
rules, regulations, comprehensive plans and comprehensive plan components
which may affect it and shall recommend approval, conditional approval
or rejection of the plat to the Village Board.
(2)
The objecting state and county agencies shall, within 20 days of
the date of receiving their copies of the final plat, notify the subdivider
and all other approving and objecting agencies of any objection, except
that the Wisconsin Department of Administration has 30 days in which
to make objections. If there are no objections, they shall so certify
on the face of the copy of the plat and shall return that copy to
the Village. If an objecting agency fails to act within 20 days, it
shall be deemed to have no objection to the plat.
(3)
If the final plat is not submitted within 36 months of the last required
approval of the preliminary plat, the Village Board may refuse to
approve the final plat or may extend the time for submission of the
final plat.[2]
(4)
The Plan Commission shall, within 30 days of the date of filing of
the final plat with the Village Clerk, recommend approval, conditional
approval or rejection of the plat and shall transmit the final plat
and application along with its recommendations to the Village Board.
The Plan Commission may hold the matter in abeyance if there is incomplete
or inadequate information.
C.
Board review and approval.
(1)
The Village Board shall, within 60 days of the date of filing the
original final plat with the Village 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. The Village Board may not inscribe its approval on
the final plat unless the Village Clerk certifies on the face of the
plat that the copies were forwarded to the objecting agencies as required
herein, the date thereof and that no objections have been filed within
20 days or, if filed, have been met.
(2)
The Village Board shall, when it determines to approve a final plat,
give at least 10 days' prior written notice of its intention
to the municipal clerk of any municipality within 1,000 feet of the
final plat.
(3)
Failure of the Village 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.
(4)
After the final plat has been approved by the Village Board and required
improvements either installed or a contract and sureties insuring
their installation are filed, the Village 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.
(5)
The subdivider shall file copies of the final plat for distribution
to the approving agencies, affected sanitary districts, and other
affected agencies for their files.
D.
Partial platting. The final plat may, if permitted by the Village
Board, constitute only that portion of the approved preliminary plat
which the subdivider proposes to record at the time.
A.
General. The subdivider shall pay the Village all fees as hereinafter
required and at the times specified before being entitled to recording
of a plat or certified survey map.
B.
Engineering fee. The subdivider shall pay a fee equal to the actual
cost to the Village for all engineering work incurred by the Village
in connection with the plat or certified survey map, including inspections
required by the Village. The subdivider shall pay a fee equal to the
actual cost to the Village for such inspection as the Village Board
deems necessary to assure that the construction of the required improvements
is in compliance with the plans, specifications and ordinances of
the Village or any other governmental authority.
C.
Administrative fee. The subdivider shall pay a fee equal to the cost
of any legal, administrative or fiscal work which may be undertaken
by the Village in connection with the plat or certified survey map.
D.
Preliminary plat or certified survey map review fee.
(1)
The subdivider shall pay a fee as set by the Village Board to the
Village Treasurer at the time of first application for approval of
any preliminary plats or certified survey maps to assist in defraying
the cost of review.
(2)
A reapplication fee as set by the Village Board shall be paid to
the Village Treasurer at the time of reapplication for approval of
any preliminary plat which has previously been reviewed.
E.
Final plat review fee.
(1)
The subdivider shall pay a fee as set by the Village Board to the
Village Treasurer at the time of first application for final plat
approval of said plat to assist in defraying the cost of review.
(2)
A reapplication fee as set by the Village Board shall be paid to
the Village Treasurer at the time of a reapplication for approval
of any final plat which has previously been reviewed.
A.
Except as provided in § 70.27(1), Wis. Stats., 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 or person wishing to replat shall vacate or alter the
recorded plat as provided in §§ 236.40 through 236.44,
Wis. Stats. The subdivider or person wishing to replat shall then
proceed using the procedures for preliminary and final plats.
B.
The Village Clerk shall schedule a public hearing before the Plan
Commission when a preliminary plat of a replat of lands within the
Village 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.
C.
Where lots are more than double the minimum size required for the
applicable zoning district, the Plan Commission may require that such
lots be arranged so as to allow resubdivision of such parcels into
normal lots in accordance with the provisions of this chapter.
