Village of Woodville, WI Article IV Plat Review and Approval

§ 460-9 Preliminary consultation.

Before filing a preliminary plat or certified survey map (minor land division), 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-Treasurer. 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 otherwise to assist the subdivider in planning his development. In so doing, both the subdivider and planning agency 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.

§ 460-10 Submission of preliminary plat.

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 10 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-Treasurer at least 15 days prior to the meeting of the Plan Commission at which action is desired. The Village Clerk-Treasurer shall submit a copy of the preliminary plat to the Plan Commission and to the Village Engineer and Village Attorney for review and written report of their recommendations and reactions to the proposed plat. An abstract of title or registered property report shall be referred to the Village Attorney at this time for his/her examination and report.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

B. Public improvements; plans and specifications. Simultaneously with the filing of the preliminary plat, the owner shall file with the Village Clerk-Treasurer a report addressing sewer and water service feasibility, drainage facilities and center-line profiles showing streets 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-Treasurer.

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 type of residential buildings with 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; and

(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.

F. Drafting standards. The subdivider shall submit to the Village Clerk-Treasurer 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, shall identify the improvements (grading, tree planting, paving, installation of facilities and dedications of land) and easements which the subdivider proposes to make and shall indicate by accompanying letter when the improvements will be provided. The plat shall also include adequate topographic information to describe and locate important physical features, including critical slopes, general drainage and existing roads and buildings. Any proposed restrictive covenants for the land involved shall be submitted.

§ 460-11 Preliminary plat review and approval.

A. Referral to other agencies. The subdivider shall, within two days after filing with the Village, submit two copies each to the Wisconsin Department of Administration and the Wisconsin Department of Transportation if the subdivision abuts or adjoins a state trunk highway and the Wisconsin Department of Safety and Professional Services (formerly the Department of Commerce) if the subdivision is not served by the public sewer and provision for such service has not been made.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

B. Plan Commission review. After review of the preliminary plat and negotiations with the subdivider on changes deemed advisable and the kind and extent of public improvements which will be required, the Plan Commission shall, within 60 days of filing, or within such time as extended by agreement with the subdivider of its submission, approve, approve conditionally, or reject the plat. The subdivider shall be notified in writing of any conditions for approval or the reasons for rejection. Such action of the Plan Commission shall be submitted to the Village Board for action, and the subdivider shall be notified in writing of any changes or modifications in the action of the Plan Commission and the reasons therefor.[2]

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

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-Treasurer, 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-Treasurer shall communicate to the subdivider the action of the Village Board. If the preliminary plat is approved, the Village Clerk-Treasurer 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. Conditional approval may be granted subject to satisfactory compliance with pertinent provisions of this chapter and Ch. 236, Wis. Stats. 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.[3]

[3] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

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.

§ 460-12 Final plat review and approval.

A. Filing requirements.

(1) The subdivider shall prepare a final plat and a letter of application in accordance with this chapter and shall file 15 copies of the plat and the application with the Village Clerk-Treasurer at least 15 days prior to the meeting of the Plan Commission at which action is desired. The Village Clerk-Treasurer shall give notice of the Plan Commission's meeting in the manner prescribed by law. The owner or subdivider shall file 15 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. A written transmittal letter shall identify all substantial changes that have been made to the plat since the approval of the preliminary plat.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(2) The subdivider shall send the original copy of the final plat to the Wisconsin Department of Administration.[2]

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(3) Simultaneously with the filing of the final plat or map, the owner shall file with the Village Clerk-Treasurer 12 copies of the final plans and specifications of public improvements required by this chapter and a signed copy of the developer's contract required by § 460-20.

(4) The Village Clerk-Treasurer shall refer a copy of the final plat to the Plan Commission, one copy to the Village Engineer, one copy to the Village Attorney, and a copy each to the telephone and power and other utility companies. The abstract of title or registered property report and final plat shall be referred to the Village Attorney for his/her examination and report. The Village Clerk-Treasurer shall also refer final plans and specifications for public improvements required by this chapter to the Village Engineer for review. The recommendations of the Plan Commission, Village Attorney, and Village Engineer shall be made within 30 days of the filing of the final plat. The Village Engineer shall examine the plat or map and final plans and specifications of public improvements for technical details and, if he/she 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 Plan Commission shall, within 30 days of the date of filing of the final plat with the Village Clerk-Treasurer, 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-Treasurer, 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-Treasurer certifies on the face of the plat that the copies were forwarded to 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) 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.

D. Recordation. 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-Treasurer 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 for record within 12 months after the date of the last approval of the plat and within 36 months after the first approval.[3]

[3] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

E. Copies. The subdivider shall file two copies of the recorded final plat with the Village Clerk-Treasurer.

F. 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.

§ 460-13 Land divisions and consolidations by certified survey map.

A. Use of certified survey map.

(1) A certified survey map prepared and recorded in accordance with § 236.34, Wis. Stats., and the requirements of this article and having been approved by the Village Board may be used in lieu of a subdivision plat to divide or consolidate lands or dedicate lands, provided that one of the following conditions is met:

(a) The division or consolidation is of any lot, outlot, parcel, or other lands previously approved by the Village and recorded with the County Register of Deeds as a subdivision plat, certified survey, or assessor's plat of any size which results in not more than four lots, outlots, parcels or mortgage descriptions being created by any division or successive division, regardless of any changes in ownership, within any five-year period; or

(b) The division or consolidation is of any lot, outlot, parcel or other lands previously recorded with the County Register of Deeds, including those recorded by a metes and bounds description, provided that any of the resulting parcels is not less than 1.5 acres in size, and which results in not more than four lots, outlots, parcels, or mortgage descriptions being created by any division or successive division, regardless of changes of ownership, within any five-year period.

(2) In the event that a proposed land division does not meet the above requirements, the proposed land division must be pursued as a subdivision plat.

(3) The certified survey map shall include the entire original parcels of land owned or controlled by the subdivider, including those proposed for division or consolidation. The applicant shall comply with all requirements of this chapter, including but not limited to Article VI, Required Improvements, Article VII, Design Standards, and Article VIII, Park and Public Land Dedication, when a certified survey map is used. A certification of the approval of the certified survey map by the Village Board shall be inscribed legibly on the face of the map. A certificate of the Village Clerk-Treasurer stating that there are no unpaid special assessments or taxes on the lands shall be included on the certified survey map.

(4) The applicant for a land division shall file 10 acceptable reproductions of a certified survey map and a written application requesting approval with the Village Clerk-Treasurer.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

B. Review by other Village agencies. The Village Clerk-Treasurer shall transmit a copy of the map to the Village Engineer, Village Attorney, and to all affected Village boards, commissions or departments for their review and recommendations concerning matters within their jurisdiction. Their recommendations shall be transmitted to the 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, comprehensive plans, comprehensive plan components and neighborhood plans. The applicant shall be required to file at the time of application public improvement plans as required for final plats.

C. Review and approval. The Plan Commission shall, within 30 days from the date of filing of the certified survey map, recommend approval, conditional approval or rejection of the map and shall transmit the map along with its recommendations to the Village Board. The Village Board shall approve, approve conditionally and thereby require resubmission of a corrected certified survey map or reject such certified survey map within 90 days from the date of filing of the map, unless the time is extended by agreement with the applicant. If the map is rejected, the reasons shall be stated in the minutes of the meeting and a written statement forwarded to the applicant. If the map is approved, the Village Board shall cause the Village Clerk-Treasurer to so certify on the face of the original map and return the map to the applicant.[2]

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

D. Recordation.

(1) The applicant shall file a copy of the approved certified survey map together with the approving resolution with the County Register of Deeds within six months after the date of the last resolution of approval and not later than 24 months after the date of the first resolution of approval. All recording fees shall be paid by the applicant.[3]

[3] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(2) No building permits shall be issued and no improvements shall be made until the certified survey is recorded and a document recording number is filed with the Building Inspector.

E. Reapproval. Submittals of previously approved certified survey maps for replatting or reapproval by the Village Board shall be in accordance with § 460-14.

§ 460-14 Replat.

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 exterior 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 approval procedures for preliminary and final plats prescribed in this article.

B. Whenever a preliminary plat for a replat is filed, the Plan Commission shall schedule and hold a public hearing before it acts on the plat. Notices of the proposed replat and public hearing shall be published and mailed to adjacent property owners following the same procedures as for a final plat.[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

C. Whenever an approved final plat is submitted for reapproval within six months of the initial resolution approving the plat and which is substantially in conformance with the approved plat and which has not been recorded with the Register of Deeds, said plat shall be reapproved by the Village Board. No final plats shall be reapproved by the Village Board following the expiration of the six-month period. Such plats shall be submitted as a new plat. All previous approvals shall be null and void and shall have no further bearing on the subsequent review and approval of the plat by the Village.

§ 460-15 Determination of adequacy of public facilities and services.

A. A preliminary plat, final plat or certified survey shall not be approved unless the Plan Commission and the Village Board determine that adequate public facilities and public services will be available to meet the needs of the proposed land division and that no public funds other than those already provided in an adopted capital or operating budget are required; the Village Board, at its discretion, may waive this provision if the Board agrees to use bonding/borrowing for the project.

B. The applicant shall furnish any data requested by the Village Clerk-Treasurer, who shall transmit this information to the appropriate commission(s), committee(s) and staff for review; the Village Clerk-Treasurer shall act as coordinator of the reports from staff to the Plan Commission and Village Board on the adequacy of water, sanitary and storm sewers, fire service, police, parks and open space and recreation facilities, transportation facilities and schools.

C. Public facilities and public services for a proposed land division may be found to be adequate when the following conditions exist:

(1) The proposed land division is located in an urban service area where adequate sewer service is presently available for extension, under construction or designated by the Village Board for extension of sewer service within the current capital budget year and funds are specifically provided for such extension either from public or private financing. The Plan Commission and the Village Board shall consider the recommendations of the Village Engineer and the appropriate committee(s) on the capacity of trunk lines and of sewage treatment facilities and any other information presented.

(2) The proposed land division is located within an urban service area contiguous to an arterial transmission water main of adequate capacity for the proposed development or if the water distribution system that is needed is under construction or scheduled for construction within the current budget year and funds, either public or private, are available for the program. The Plan Commission and the Village Board shall consider the recommendations from the Village's utilities and the Village Engineer and the appropriate committee(s) on line capacities, water sources and storage facilities, as well as any other information presented.

(3) The Village Clerk-Treasurer verifies to the Plan Commission and the Village Board that adequate funds, either public or private, are available to insure the installation of all necessary stormwater management facilities.

(4) The Director of Public Works can demonstrate to the Plan Commission and the Village Board that street maintenance and refuse collection services, either public or private, are so situated that adequate and timely service can be provided so as not to involve danger or injury to the health, safety or general welfare to the future residents of the proposed land division or existing Village residents.

(5) The Plan Commission verifies that the future residents of the proposed land division can be assured park, recreation and open space facilities and services which meet the standards of the Village's Comprehensive Plan.

(6) The Police Department, emergency medical services, and United Fire and Rescue District verify that timely and adequate service can be provided to the residents.

(7) The proposed land division is accessible by an existing or officially mapped, publicly maintained, all-weather roadway system adequate to accommodate both existing traffic and that traffic to be generated by the proposed land division in accordance with the Official Map and Village standards.

D. Where the Plan Commission and the Village Board determine that one or more public facilities or services are not adequate for the proposed development but that a portion of the area could be served adequately, or that careful phasing of the development could result in all public facilities and public services being adequate, conditional approval may include only such portions or may specify phasing of the development.

E. The above requirements shall not apply to those areas outside the corporate limits of the Village of Woodville and within the Village's extraterritorial limits. Areas within the Village capable of being served by public sewer and water shall be required to connect to the Village of Woodville public water distribution and/or public sewer system if determined by the Village Engineer to be feasible. If such connection(s) is not determined feasible, the proposed land division shall provide for adequate on-site systems and such special piping provisions as may be necessary to serve the anticipated development during the interim period until such Village public water and/or sewer systems are determined by the Village Engineer to be feasibly available for connection. The subdivider and his heirs and assigns shall, by written plat restriction, agree to abandon the interim water and sewer facilities and connect to the Village public water and sewer facilities upon a determination by the Village Engineer that such facilities are available for feasible connection.