[1]
Editor's Note: The title of this article was changed from
"Land Provision Procedures" to "Land Division Procedures" 8-21-2014
by Ord. No. 2014-8-1.
Prior to the filing of an application for the approval of a
preliminary plat or petition for a rezoning, the developer shall consult
with the Village Plan Commission and its staff, in order to obtain
their review, advice and assistance in the preparation of a preliminary
plat. Such consultation shall be termed the "pre-preliminary plat"
stage of the land division procedure and includes the following steps
and information:
A.
The developer shall prepare a conceptual development scheme or sketch plan at a scale of one inch equals 100 feet of all the contiguous lands in which he has legal or equitable interest and present three copies and the fee required by § 330-69 to the Village Clerk.
B.
Such sketch plan shall include enough information to set forth the
proposed development potential of the parcel to the satisfaction of
the Village Plan Commission, and include at least the following:
(1)
Topographic mapping at not less than ten-foot contour interval, except
that if in the judgment of the Village Plan Commission more detailed
topographic data is required to make a recommendation to the Village
Board, topography at not less than two-foot intervals may be required
prior to Village Plan Commission action;
(2)
Soil characteristics or interpretations secured from detailed soil
maps prepared by the USDA Natural Resources Conservation Service (NRCS)
and/or monitoring borings data;
(3)
The limits of woodland cover and wetlands on the entire parcel;
(4)
Location of lakes, ponds, streams, or kettles, standing water, and
designated floodplains on the parcel;
(5)
Areas of steep or severe slope conditions, high water table conditions,
and potential drainage and erosion problems;
(6)
Existing and proposed access from the parcel to adjacent streets,
roads, or properties;
(7)
Proposed street location and width;
(8)
Proposed lots, including size to the nearest 1/10 acre;
(9)
Existing zoning of property within 300 feet of the property proposed
to be divided;
(10)
Any other pertinent information useful to the developer and
Village Plan Commission in their determination of developability of
the parcel; and
(11)
Environmental corridors which shall be delineated on the sketch
plan.
C.
Following review and comment by the Village Planning and Zoning Administrator
and Village Engineer of the sketch plan, the Village Plan Commission
shall either reject the sketch plan, giving reasons for such rejection,
or approve the sketch plan and make recommendations regarding any
necessary rezoning. A petition for such rezoning shall be submitted
simultaneously with submission of the preliminary plat. Such review
and approval of the sketch plan shall constitute conceptual approval
of the sketch plan only and shall not be deemed an approval of the
layout and design of the proposed subdivision plat.
D.
Through the pre-preliminary plat procedure it is expected that the
developer and Village Plan Commission will reach mutual conclusions
regarding the general design and objectives of the proposed development
and its possible effects on the Village. The developer will also gain
a better understanding of the subsequent required procedures so the
entire process may be expedited.
Before submitting a final plat for approval, the developer shall prepare and submit a preliminary plat in accordance with Article III of this chapter, as well as a petition for any necessary rezoning, and in doing so, adhere to the following procedure:
A.
The developer shall file 20 copies of the proposed plat and an application
with the Village Clerk at least 25 days and not more than 45 days
prior to the Village Plan Commission meeting at which action is desired.
B.
At the time of application for preliminary plat approval the developer
shall pay fees as set forth in the fee schedule adopted from time
to time by the Village Board and provide all necessary documentation
on soils and other physical features.
C.
The Village Clerk or designee shall, within two normal workdays after
filing, transmit:
(1)
Four
copies to the Washington County Planning and Parks Department;
(2)
Two
copies to the Wisconsin Department of Administration;
(3)
Additional
copies to the Wisconsin Department of Administration for retransmission
of two copies to the State Department of Transportation, if the development
abuts or adjoins a state trunk highway or a connecting street, the
Wisconsin Department of Safety and Professional Services, if the development
is not served by a public sewer and provision for such service has
not been made, and the Wisconsin Department of Natural Resources,
if shorelands or floodlands are contained within the proposed development;
(4)
Seven
copies to the Village Plan Commission; and
(5)
One
copy to the Village Engineer.
D.
The Village shall hereafter be referred to as the "approving agency" and all other units and agencies described in Subsection C above shall hereafter be referred to as "objecting agencies."
E.
The objecting agencies shall, within 20 days of the date of receiving
their copies of the proposed preliminary plat, notify the developer
and all other objecting agencies and the approving agency of any objections.
If there are no objections, they shall so certify on the face of the
copy of the proposed preliminary plat and shall return that copy to
the Village Clerk. If an objecting agency fails to act within 20 days,
having not asked for an extension, it shall be deemed to have no objection
to the plat.
F.
The preliminary plat shall then be reviewed by the Village Plan Commission
for conformance with this chapter and all codes, chapters, ordinances,
rules, regulations, Comprehensive Plans and Comprehensive Plan components
of the Village relating to the plat and its recommendations transmitted
to the Village Board.
G.
The Village Board, with or without the recommendations of the Village
Engineer, Village Plan Commission and the objecting or approving agencies,
shall, within 90 days of the date of filing of a preliminary plat
with the Village Clerk, approve, approve conditionally, or reject
such plat unless the time is extended by mutual written agreement
with the developer. One copy of the preliminary plat shall thereupon
be returned to the developer with the date and action endorsed thereon;
and, if approved conditionally or rejected, a letter setting forth
the conditions of approval or the reasons for rejection shall accompany
the plat. At least one copy each of the preliminary plat and letter
shall also be placed in the Village Board's permanent file.
H.
Deed restrictions may be required by the Village Plan Commission
as a condition of preliminary plat approval for the purpose of ensuring
that certain requirements and other conditions of approval imposed
by the Village will be implemented by the developer and future lot
owners.
I.
A developer's agreement may be required by the Village as a
condition of preliminary plat approval.
[Amended 8-21-2014 by Ord. No. 2014-8-1]
J.
Failure of the Village Board to act on the proposed preliminary plat
within 90 days from the date of filing of the plat with the Village
Clerk, the time having not been extended as set forth in this section,
and no unsatisfied objections having been filed shall constitute approval
of the preliminary plat.
K.
Approval or conditional approval of a proposed preliminary plat shall not constitute approval of the final plat, but rather 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 Plan Commission and Village Board at the time of its submission. If, however, the final plat is submitted within 36 months of preliminary plat approval and conforms substantially to the approved preliminary plat layout, the final plat shall be entitled to approval with respect to such layout. Approval or conditional approval of a preliminary plat expires 36 months after the last required preliminary plat approval is granted, unless as permitted by § 330-18C a final plat of at least one phase of the approved preliminary plat is submitted within such thirty-six-month period. In addition, with respect to a phased final plat, such thirty-six-month period shall be renewed and measured from the last preceding final plat phase approval. After expiration of such thirty-six-month period, the developer has the option of resubmitting the original preliminary plat for approval or submitting a newly designed preliminary plat in accordance with this section.
[Amended 8-15-2013 by Ord. No. 2013-8-2]
Within 36 months from the date of approval of the preliminary plat or as extended by the Village Board, the developer shall prepare and submit a final plat in accordance with Article IV and the following procedure:
A.
The developer shall file 20 copies of the proposed final plat and
deed restrictions with the Village Clerk at least 25 days and not
more than 30 days prior to the meeting of the Village Plan Commission
at which action is desired.
B.
At the time of application for the final plat approval, the developer
shall pay all applicable fees as set forth in the fee schedule adopted
from time to time by the Village Board and submit proposed deed restrictions
and the developer's agreement if these were required as a condition
of preliminary plat approval. Note: See standards for development
construction.
C.
Partial platting. If 30 or more acres in area, the approved preliminary
plat may be final platted in phases with each phase encompassing at
least 10 acres or 25% of the area of the approved preliminary plat,
whichever is larger. If the developer elects to final plat in phases
as approved by the Village Plan Commission, the Village Board shall
require a timetable of completion of development of the entire property
included in the preliminary plat at or prior to the time of submittal
of the first phase of the final plat as part of the developer's
agreement.
D.
The Village Clerk or designee shall date all copies of the final
plat when submitted and, within two normal workdays after filing,
transmit four copies to the Planning and Parks Department; two copies
to the State Department of Administration; one copy to the Village
Engineer; and the original final plat and three copies to the Village
Plan Commission.
E.
The objecting agencies shall, within 20 days of the date of receiving
their copies of the proposed final plat, notify the developer and
all other approving and objecting agencies of any objections. If there
are no objections, they shall so certify on the face of the copy on
the proposed final plat and shall return that copy to the Village
Clerk. If an objecting agency fails to act within 20 days, it shall
be deemed to have no objection to the plat.
F.
The Village 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 codes, chapters,
ordinances, rules, regulations, Comprehensive Plans and Comprehensive
Plan components which may affect it; and shall, within 40 days from
the date of filing with the Village Clerk, recommend approval, conditional
approval or rejection of the final plat to the Village Board.
G.
Notification. The Village Board shall, prior to approving a plat,
give a least 10 days' written notice of its proposed action to
the Village Clerk of any municipality within 1,000 feet of the proposed
final plat.
H.
The Village Board shall, within 60 days of the date of filing the
proposed final plat with the Village Clerk, approve or reject such
plat unless the time is extended by mutual written agreement with
the developer. If the proposed final plat is rejected, the reasons
shall be stated in the minutes of the meeting, and a written statement
of the reasons forwarded to the developer. The Village Board may not
inscribe its approval of the final plat unless the Village Clerk certifies
on the face of the final plat that the copies were forwarded to objecting
agencies as required in this section, the date thereof, and that no
objections have been filed within 20 days, or if filed, have been
met. Also, no final plat may be approved until all required public
and private improvements have been installed or constructed and any
required deed restrictions have been approved.
[Amended 8-21-2014 by Ord. No. 2014-8-1]
I.
Failure of the Village Board to take action on the final plat within
60 days from the date of filing the proposed plat with the Village
Clerk or designee, the time having not been extended and no unsatisfied
objections having been filed, shall constitute approval of the final
plat.
J.
Recordation. After the final plat has been approved by the Village
Board, all applicable fees paid, all conditions of approval have been
satisfied, and all required public and private improvements are installed,
the Village Clerk or designee shall cause the certificate inscribed
upon the final plat attesting to such approval to be duly executed
and the final plat returned to the developer for recording with the
county register of deeds. The register of deeds will not record the
final plat unless it is offered within 12 months from the date of
the last approval.
[Amended 8-21-2014 by Ord. No. 2014-8-1]
K.
Copies. The developer shall file six copies of the approved final
plat and deed restrictions with the Village Clerk or designee for
distribution to the Village Engineer, Building Inspector, Assessor
and other affected departments for their files. Also, one certified
copy of the final plat as recorded by the County Register of Deeds
shall be filed with the Village Clerk or designee by the developer.
[Amended 8-15-2013 by Ord. No. 2013-8-2]
When it is proposed to replat a recorded land division, or part thereof, so as to change the exterior boundaries of a recorded land division, or part thereof, the developer or person wishing to replat shall vacate or alter the recorded plat as provided in Ch. 236, Wis. Stats. The developer, or person wishing to replat, shall then proceed as specified in §§ 330-17 and 330-18. The Village Clerk or designee shall schedule a public hearing before the Village Plan Commission when a proposed preliminary plat of a replat of lands within the Village limits 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 600 feet of the exterior boundaries of the proposed replat.
When it is proposed to divide land in a manner which results
in a minor land division, then a certified survey map (CSM), as provided
for in Ch. 236, Wis. Stats., shall be required for the resulting parcels
which are 20 acres or less in area, and the developer, Village Plan
Commission and Village Board shall proceed as follows:
B.
Following applicable preliminary or pre-preliminary approval of such minor land division, the developer shall prepare a final certified survey map in accordance with Article V of this chapter and shall file 15 copies of the final certified survey map, any necessary or required deed restrictions, any required fees and necessary soil monitor boring data with the Village Clerk at least 25 days prior to the Village Plan Commission meeting at which action is desired. In addition, a petition for any necessary rezoning shall be filed with the Village Clerk at least 25 days prior to the meeting at which time certified survey map approval is requested.
C.
The Village Clerk or designee shall date all copies of the certified
survey map when submitted and, within two normal workdays after filing,
transmit copies of the final certified survey map and letter of application
to the Village Plan Commission, Village Engineer, and to such other
agencies and persons entitled to a copy according to statute for their
review and recommendations concerning matters within their jurisdiction.
D.
Recommendations of such persons or agencies shall be transmitted
to the Village Clerk or designee within 15 days from the date of receipt
of the final certified survey map which shall then be reviewed by
the Village Plan Commission for conformance with this chapter and
all ordinances, rules, regulations, Comprehensive Plans, and Comprehensive
Plan components.
E.
The Village Plan Commission shall, within 90 days from the date of
filing of the final 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.
F.
The Village Board shall approve, approve conditionally, or reject
such final certified survey map within 90 days from the date of filing
of such map with the Village Clerk unless the time is extended by
mutual written agreement with the developer. If a final certified
survey map is submitted within 12 months of the approval of a preliminary
certified survey map and if the layout of the final certified survey
map conforms substantially to the approved preliminary certified survey
map layout and the conditions of approval of the preliminary certified
survey map have been satisfied, the final certified survey map shall
be entitled to approval with respect to such layout. If the map is
rejected, the reason shall be stated in the minutes of the meeting
at which such action is taken and a written statement forwarded to
the developer. If the map is approved, the Village Board shall direct
to the Village Clerk to so certify on the face of the original map.
[Amended 8-21-2014 by Ord. No. 2014-8-1]
G.
Failure of the Village Board to take appropriate action on the final
certified survey map within 90 days from the date of first filing
with the Village Clerk shall constitute approval of the certified
survey map.
H.
Recordation. After the final certified survey map has been approved
by the Village Board, all applicable fees paid, all conditions of
approval satisfied and any required improvements either installed
or an approved cash bond or an approved irrevocable letter of credit
ensuring their installation is filed with the Village, the Village
Clerk or designee shall cause the certificate inscribed upon the map
attesting to such approval to be duly executed and the final certified
survey map recorded with the County Register of Deeds. The Register
of Deeds will not record the map unless it is offered within six months
from the date of the last approval.
I.
Copies. Ten copies of the final certified survey map shall be retained
by the Village Clerk for distribution to the Village Engineer, Building
Inspector, Assessor and other affected departments and agencies for
their files. Also, one certified copy of the final certified survey
map, as recorded, shall be retained by the Village Clerk for the Village
files.
B.
Review criteria. The Village Plan Commission may recommend, and the
Village Board may approve, the division of lands in the extraterritorial
plat approval jurisdiction based on the applicable criteria. The Village
Plan Commission may recommend, and the Village Board may require,
any conditions in the approval of a subdivision or certified survey
map, including the use of any restrictive covenant.
[Added 8-21-2014 by Ord. No. 2014-8-2]
A.
Generally. 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 conveyance shall be submitted
to the Zoning Administrator for review before the conveyance documents
are signed and before the conveyance is recorded in the office of
the Washington County Register of Deeds.
B.
Review procedure. The general steps outlined below shall be used
to review an application for a sale or exchange between adjoining
landowners.
(1)
Presubmittal meeting. Before submitting an application, the
applicant or the applicant's agent may meet with the Zoning Administrator
to review applicable regulations and procedures and the proposed transfer.
(2)
Submittal of application materials. The applicant shall submit
a completed application and other required materials to the Zoning
Administrator along with the application fee set forth in the fee
schedule adopted from time to time by the Village Board.
(3)
Staff review. Within 10 days of submittal, the Zoning Administrator
shall either determine that the application is incomplete and notify
the applicant, in writing, of any deficiencies or make a decision
based on the decision criteria contained in this section to approve
the application, approve the application with conditions, or deny
the application. The Zoning Administrator shall take no further steps
to process the application until the deficiencies are remedied. The
incomplete application shall be retained as a public record.
(4)
Applicant notification. Within a reasonable time following his
or her decision to approve or deny the application, the Zoning Administrator
shall mail the decision notice to the applicant by regular mail.
(5)
Public record copy. A duplicate copy of the decision notice
shall be retained as a public record.
C.
Review criteria. The review by the zoning administrator and by the
Plan Commission on appeal, 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 Village's zoning regulations, 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 and 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 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.
D.
Expiration of an approval. An approval granted under this section
shall automatically expire 12 months after the date of issuance if
the transaction has not been recorded in the Washington County Register
of Deeds office.
E.
Appeal. An aggrieved person may appeal the Zoning Administrator's
final decision by filing an appeal with the Plan Commission within
30 days of such decision. Following the final decision of the Plan
Commission, an aggrieved person may appeal such decision by filing
an appeal with a court of competent jurisdiction within 30 days of
the final decision.
