It is recommended that, prior to the filing of an application
for the approval of a development, the subdivider shall consult with
the Town Plan Commission and/or its staff in order to obtain their
advice and assistance. This consultation is mandatory and 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 Town and to otherwise 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, and the subdivider will
gain a better understanding of the subsequently required procedures.
A.
Prior to the submittal of a final plat, the subdivider shall file
with the Town Clerk or county a preliminary plat along with a letter
of application and a sufficient number of copies to be forwarded within
two days to the following agencies involved with reviewing the plat:
(1)
Two copies to the Department of Administration: additional copies
to be supplied for retransmission of two copies each to the State
Department of Transportation, if the plat abuts or adjoins a state
trunk highway or a connecting street, and the State Department of
Safety and Professional Services, if the plat is not to be served
with municipal sewers, along with the original copy of the percolation
results and soil borings.
(2)
Two copies to any municipality exercising extraterritorial plat jurisdiction
pursuant to §§ 236.02(2), 236.10(1)(b) and 236.10(2),
Wis. Stats.
(3)
Four copies to the county in which the plat is located, along with
one copy of soil percolation and boring results.
(4)
Twelve copies to the Town, along with two copies of soil percolation
results and soil borings.
(5)
One copy to be forwarded to each of the utility companies serving
the area. This is to inform the utility companies that there is a
pending development in the area. It will be the responsibility of
the subdivider and the utility company to arrange for the services
needed and their location within the plat.
B.
The State Department of Administration, Department of Safety and
Professional Services and the Department of Transportation shall be
hereafter referred to as "objecting agencies." All other agencies
mentioned, except the utility companies, shall hereafter be referred
to as "approving agencies."
C.
Within 20 days of the date of receiving the copies of the plat, any
agency having objection authority shall notify the subdivider and
all approving authorities of any objection which it may have, based
upon failure of the plat to comply with the Wisconsin Statutes or
rules which its examination is authorized to cover; if there are no
objections, it shall so certify on a copy of the plat and return that
copy to the Town. If any objecting agency fails to act within the
established twenty-day period, it shall be deemed to have no objection
to the plat.
D.
After all objections have been formally removed by the objecting
agencies, the approving agencies may approve the plat upon compliance
with all other rules, regulations or plans which are in effect in
the area of the plat. This decision shall be made within 40 days of
the date of receiving unless objections are received from any objecting
agencies. Failure of the approval authority to act within the prescribed
40 days shall constitute an approval of the plat. However, copies
shall be on file with the Town at least 25 days prior to the meeting
of the Town Plan Commission at which action is desired. If submittal
is not in time to meet the forty-day required time for approval, the
plat shall be denied at a regular meeting of the Plan Commission,
unless extended by agreement with the Town and developer.
E.
Approval of a preliminary plat shall not constitute automatic approval
of the final plat, except that if the final plat is submitted within
six months of the preliminary plat approval and conforms substantially
to the preliminary plat layout, as indicated in Ch. 236, Wis. Stats.,
the final plat may be entitled to approval with respect to such layout
unless conditions in the area of the plat have changed substantially
to require an alteration to the plat. 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 Town at the time of its
submission. Street plans and drainage plans shall be prepared and
submitted prior to approval of the final plat or minor land division
and may normally be submitted after preliminary approval or as a condition
of preliminary approval. Construction may not commence until approval
has been granted by all appropriate agencies.
A.
The subdivider shall prepare a final plat and a letter of application
in accordance with this chapter and shall file an adequate number
of copies of the plat with the Town Clerk or county, which shall,
within two days, forward copies of the plat as follows:
(1)
Two copies to the State Department of Administration; additional
copies to be supplied for retransmission of two copies each to the
State Department of Transportation, if the plat abuts or adjoins a
state trunk highway or a connecting street, and the State Department
of Safety and Professional Services, if the plat is not to be served
with municipal sewers. State form DLAD #1 shall be filled out and
submitted along with the copies to be transmitted to the Department
of Administration.
(2)
Additional copies.
(a)
Additional copies shall be transmitted as follows to the approving
agencies:
(b)
If filed in this manner, copies of the plat will also have to be filed with the approving agencies and shall be transmitted to those approving agencies and the utility companies as set forth in § 265-14A(1) and (2), since the state does not transmit copies to the approving agencies.
(3)
In lieu of the above procedure, the subdivider may submit the original
plat to the Department, which shall forward two copies each to the
agencies authorized to object.
B.
The required number of copies shall be made at the subdivider's
expense. Within 20 days of the date of receiving the copies of the
plat, any objecting agency 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. If there are no objections, it shall so certify
on the face of a copy of the plat and return that copy to the Department.
After each agency and the Department have certified that they have
no objection or that their objections have been satisfied, the Director
shall so certify on the face of the plat. If an agency fails to act
within 20 days from the date of receipt of copies of the plat, and
the Department fails to act within 30 days of 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.
C.
The extraterritorial plat approval authority, county and the Town
shall, within 90 days of the receipt of the final plat, approve or
reject such plat unless the time is extended by agreement with the
subdivider or unless objections have been filed which would require
a formal resubmittal of the plat after the corrections have been made.
(1)
The Town Plan Commission shall recommend approval, conditional approval
or rejection of the plat and shall transmit the final plat along with
its recommendation to the Town Board, which shall, within 60 days
from the date of original receipt of the final plat by the Town Clerk,
approve conditionally, approve or reject the plat unless the time
of review is extended as provided elsewhere in this chapter.
(2)
The Town Plan Commission shall examine the final plat as to its conformance
with the approved preliminary plat, this chapter and all ordinances,
rules, regulations or other plans which may affect the plat.
(3)
The final plat may constitute only that portion of the approved preliminary
plat which the subdivider proposes to record at that time. The final
plat may be rejected if it is not submitted within six months of the
date of the last required approval of the preliminary plat.
(4)
No approval by any approving agency can be granted until all formal
objections of the objecting agencies have been satisfied.
(5)
Failure of any approving agency to act within 60 days, the time not
having been extended and no objection having been filed, shall constitute
an approval.
(6)
The necessary certificates shall also be placed upon the original
drawing of the final plat and must be signed by all appropriate review
agencies prior to recording.
D.
The final plat shall be recorded in the office of the Register of
Deeds of Waukesha County in accordance with Ch. 236, Wis. Stats.
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 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 as specified in §§ 265-13 through 265-17.
B.
The Town Clerk shall schedule a public hearing before the Town 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.
Any minor subdivision as defined herein shall be surveyed and
a certified survey map prepared and recorded as provided in § 236.34,
Wis. Stats., and this chapter.
A.
A preliminary map or drawing of the proposed certified survey shall
be required to be submitted to the Town Plan Commission for preliminary
approval prior to preparation of the certified survey map document.
This map or drawing shall indicate the manner in which all of the
land owned or controlled by the person developing or owning the land
is to be divided into streets, lots, blocks and outlots, notwithstanding
the fact that only a portion of such land may be included on the certified
survey under consideration at any one time.
B.
The subdivider shall prepare the certified survey map in accordance
with this chapter and shall file 10 copies of the map and the letter
of application with the Town Clerk at least 15 days prior to the meeting
of the Town Plan Commission at which action is desired.
C.
The Town Clerk shall, within two days after filing, transmit the
10 copies of the map and letter of application to the Town Plan Commission.
D.
The Town Plan Commission shall transmit a copy of the map to all
affected Town commissions and 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 Town Plan
Commission for conformance with this chapter and all ordinances, rules,
regulations, comprehensive plans and comprehensive plan components
which affect it. The Town 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
recommendation to the Town Board.
E.
The Town Board shall approve, approve conditionally, or reject such
map within 60 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.
A.
The subdivider shall pay to the Town Clerk the fees as herein established.
The fee schedule is established to help defray the cost of reviewing
and inspecting new developments occurring in the Town in accordance
with standards as required by this chapter and any other rules or
regulations in effect in the Town.
B.
The fee schedule shall be as follows:
(1)
The following fees shall be payable to the Town Clerk at the time
of submission of a plat or survey for review:
(2)
The following fees are payable as herein set forth:
(a)
Inspection and engineering fee. A fee of 1 1/2% of the
estimated cost of required public improvements and drainage facilities
as estimated by the Town Engineer shall be paid prior to approval
of the final plat or certified survey map by the Town Board. If the
actual cost of inspections and engineering fees exceed the 1 1/2%,
the additional cost shall be charged directly to the subdivider.
(b)
Legal fees. If the Town Attorney is required to prepare contracts
or developer agreements, etc., between the developer and the Town,
the actual cost of the attorney fees in the preparation of those provisions
shall be paid by the developer prior to approval of the final plat
or certified survey map by the Town Board.
