[Amended 3-13-2006 by Ord. No. 06-2]
Prior to the filing of an application for the approval of a
land division or development, the owner shall consult with the Town
Planner in order to obtain his/her advice and assistance. This consultation
is not formal but is intended to inform the owner of the purpose and
objectives of these regulations, the Comprehensive Plan, Comprehensive
Plan components, neighborhood plans, and duly adopted plan implementation
devices of the municipality and to otherwise assist the owner in planning
the development. After the owner has met with the Town Planner, the
owner shall submit a conceptual plan and a yield plan for placement
on the next available Plan Commission agenda. In considering the conceptual
plan and/or yield plan, the owner, Town Planner and Town 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 owner will gain a better understanding of the subsequent
required procedures.
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 owner or person wishing to replat shall vacate or alter the recorded plat as provided in §§ 236.40 through 236.44, Wis. Stats. The owner, or person wishing to replat, shall then proceed as specified in §
375-18. The Clerk shall schedule a public hearing before the Plan Commission when a preliminary plat of a replat of lands within the municipality 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.
[Added 9-8-2014 by Ord.
No. 14-1]
In every situation, regardless of circumstances, that a property
owner seeks to convey land in a manner that would adjust a lot line
or create or eliminate a lot line, and that conveyance does not require
a certified survey map or subdivision plat pursuant to this chapter,
and where an adjacent property owner intends to acquire such interest
in land, the proposed action shall be submitted to the Town of Genesee
Plan Commission for prior review, before the conveyance documents
are signed and before the conveyance is recorded in the office of
the Waukesha County Register of Deeds. Such application must be filed
with the Town Clerk along with a fee payment to offset all or part
of the cost of this limited review, in an amount to be determined
from time to time by separate resolution of the Town Board. The Town
Plan Commission review shall be limited to considering whether the
conveyance is in compliance with § 236.45(2)(am)3, Wis.
Stats., and the applicable laws cited therein, including these regulations,
the applicable zoning ordinance, and other applicable laws and ordinances.
Such conveyance can only be approved if the same number of lots exist
prior to the conveyance as would exist after the conveyance. Such
conveyance can only be approved if the resulting lots would all be
both legal and conforming, even if any such lots are legal nonconforming
prior to the conveyance, because the conveyance creates new lots which
do not predate the ordinance and therefore have no legal nonconforming
rights. Such conveyance must not be approved if the conveyance includes
land that has a legal nonconforming use, because the legal nonconforming
rights are limited to use of the preexisting lot. Such conveyance
shall not not be approved if any of the resulting lots and the existing
improvements on the lots would be in violation of applicable open
space requirements. Such conveyance shall not be approved if the conveyance
would make an existing conforming structure illegal or nonconforming
or would increase the extent of any preexisting legal nonconformity
of an existing structure.