Before filing a preliminary plat or certified survey map (minor
land division), the subdivider is encouraged to consult with the Village
Board 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 to otherwise assist the subdivider in planning
his development. In so doing, both the subdivider and Village Board
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 five 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 25 days prior to
the meeting of the Village Board at which action is desired. The Village
Clerk-Treasurer shall submit copies of the preliminary plat to the
Village Board 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.
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.
Environmental assessment.
(1)
Filing requirement. An environmental assessment checklist shall be
completed by the subdivider for review by the Village Board with the
preliminary plat, or preferably as part of the preliminary consultation,
for any subdivision or land division by certified survey which the
Village has authority to approve.
(2)
Purpose. The purpose of this environmental assessment checklist is
to provide the basis for an orderly, systematic review of the effects
of all new subdivisions upon the community environment in accordance
with the principles and procedures of Wisconsin Statutes set for local
subdivision regulation. The Village Board will use these procedures
in determining land suitability. The goals of the community in requiring
this checklist are to eliminate or reduce pollution and siltation
to an acceptable standard, assume ample living space per capita, preserve
open space and parks for recreation, provide adequately for stormwater
control, maintain scenic beauty and aesthetic surroundings, administer
to the economic and cultural needs of the citizens and provide for
the effective and efficient flow of goods and services.
(3)
Coverage. The environmental assessment checklist shall apply to all
reviewable subdivisions and land divisions by certified survey. The
Village Board may waive the requirement for the filing of an environmental
assessment checklist for land divisions by certified survey of less
than five acres total area.
E.
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.
F.
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; types
of business or industry so as to reveal the effect of the development
on traffic, fire hazards and congestion of population; and
(2)
Zoning changes. If any zoning changes are contemplated, the proposed
zoning plan for the areas, including dimensions; and
(3)
Area plan. Where the subdivider owns property adjacent to that which
is being proposed for the subdivision, the 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.
G.
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.
H.
Soil testing. The subdivider may be required to 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 § 320-7, 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.
I.
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 having
two-foot contour intervals, shall identify the improvements (grading,
tree planting, paving, installation of facilities and dedications
of land), 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.
A.
Referral to other agencies.
(1)
The subdivider shall, within two days after filing with the Village,
transmit two copies to the County Planning Agency, two copies to the
Wisconsin Department of Administration, additional copies to the Department
of Administration for retransmission of two copies each to the Wisconsin
Department of Transportation if the subdivision abuts or adjoins a
state trunk highway or a connecting street and the Wisconsin Department
of Safety and Professional Services if the subdivision is not served
by the public sewer and provision for such service has not been made,
and an adequate number of copies to the Village Board. The subdivider
shall file with the Village Clerk-Treasurer an affidavit indicating
that he/she has fully complied with the requirement of filing with
objecting agencies. The County Planning Agency, the Wisconsin Department
of Administration, the Wisconsin Department of Transportation and
the Wisconsin Department of Safety and Professional Services shall
be hereinafter referred to as "objecting agencies."
(2)
Within 20 days of the date of receiving the copies of the plat, any state or county agency having authority to object under Subsection A(1) above shall notify the subdivider and all approving or objecting authorities 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 all objections have been satisfied, it shall so certify on the face of a copy of the plat and return that copy to the approving authority from which it was received. The plat shall not be approved or deemed approved until any objections have been satisfied. If the objecting agency fails to act within the twenty-day limit, it shall be deemed to have no objection to the plat.
(3)
In lieu of the procedure under Subsection A(1) above, the subdivider or the subdivider's agent may submit the original plat to the Wisconsin 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 have certified that they have no objection or that their objections have been satisfied, the Department 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 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.
B.
Board action. 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.
C.
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 Village
Board at the time of its submission.
D.
Preliminary plat amendment. Should the subdivider desire to amend
the preliminary plat as approved, the subdivider 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 10 copies of the plat
and the application with the Village Clerk-Treasurer at least 15 days
prior to the meeting of the Village Board at which action is desired.
The Village Clerk-Treasurer shall give notice of the Village Board's
meeting. The owner or subdivider shall file five 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.
(2)
The subdivider shall, within two days after filing with the Village,
transmit two copies to the County Planning Agency, two copies to the
Wisconsin Department of Administration, additional copies to the Department
of Administration for retransmission of two copies each to the Wisconsin
Department of Transportation if the subdivision abuts or adjoins a
state trunk highway or a connecting street and the Wisconsin Department
of Safety and Professional Services if the subdivision is not served
by a public sewer and provision for service has not been made, and
the original final plat and adequate copies to the Village Board.
The subdivider shall file with the Village Clerk-Treasurer an affidavit
indicating that he has fully complied with the requirement of filing
with objecting agencies. The County Planning Agency, the Wisconsin
Department of Administration, the Wisconsin Department of Transportation,
and the Wisconsin Department of Safety and Professional Services shall
be hereinafter referred to as "objecting agencies."
(3)
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.
(4)
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 § 320-19.
(5)
The Village Clerk-Treasurer shall refer copies of the final plat
to the Village Board, 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 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 Village Board. 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 Village
Board.
B.
Other agency review.
(1)
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 objections,
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.
(2)
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.
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 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-treasurer of any municipality within 1,000
feet of the final plat.
(3)
If the Village Board fails 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 is 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.
E.
Copies. The subdivider shall file eight copies of the final plat
with the Village Clerk-Treasurer for distribution to the approving
agencies, affected sanitary districts, and other affected agencies
for their files.
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.
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 are not less than 35 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)
When
it is proposed to divide land into not more than four parcels or building
sites, any one of which is less than 35 acres in size, or when it
is proposed to divide a block, lot or outlot into not more than four
parcels or building sites within a recorded subdivision plat without
changing the exterior boundaries of the block, lot or outlot, the
subdivider shall subdivide by use of a certified survey map, prepared
in accordance with § 236.34, Wis. Stats., and this chapter.[1]
(3)
In the event a proposed land division does not meet the above requirements,
the proposed land division must be pursued as a subdivision plat.
(4)
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 VII (Design Standards), Article VI (Required Improvements), and Article VIII (Park and Public Land Dedications), 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.
(5)
The applicant for a land division shall file five acceptable reproductions
of a certified survey map and a written application requesting approval
with the Village Clerk-Treasurer.
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 Village Board within
10 days from the date the map is filed. The map shall be reviewed
by the Village Board 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 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 reason 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.[4]
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 approval of
the map and within 24 months after the first approval of the map.
All recording fees shall be paid by the applicant.[5]
(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.
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 Village Board
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.[1]
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.
