[Amended 3-18-2014 by Ord. No. 2014-2; 2-17-2015 by Ord. No.
2015-2]
Concept plan. Before filing a preliminary plat or certified
survey map (minor land division), the subdivider is encouraged to
consult with the Town Engineer and/or the Town Plan Commission for
advice regarding general subdivision requirements. The subdivider
shall also submit to the Town Engineer a completed preapplication
packet containing the information outlined on the Town's preapplication
checklist as well as a completed predevelopment agreement. This preapplication
process is neither formal nor mandatory but is intended to inform
the subdivider of the purpose and objectives of the Town's regulations,
required procedures, general concerns that the Plan Commission may
feel should be addressed and to otherwise assist the party in planning
for his/her application. The preapplication process is also designed
to provide the Plan Commission with initial information concerning
the contemplated land division and possible effects of that land division.
In doing so, both the subdivider and the Town may reach consensus
regarding the general concepts relating to the proposed development
and their possible effects on the neighborhood and community. The
Town's time period to act on approval does not commence and shall
not be deemed to apply during this preapplication consultation/review
period. The costs charged to the Town by the Town Engineer, relating
to such preapplication consultation/review, shall be reimbursed by
the subdivider utilizing this preapplication process, and accordingly,
a predevelopment agreement shall be executed at the commencement of
the preapplication process. However, to encourage the utilization
of this preapplication process, the subdivider will not be charged
for the initial hour of the Town Engineer's time and will not
be charged for a meeting with the Town Plan Commission during that
preapplication process.
[Amended 2-18-2014 by Ord. No. 2014-1; 2-17-2015 by Ord. No. 2015-1; 1-17-2017 by Ord. No. 2017-4]
A. Use of certified survey map (CSM).
(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 Town 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 Town 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
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) In the event 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, Design Standards; Article
V, Required Improvements; and Article
VII, Park and Public Land Dedications, when a certified survey map is used. A certification of the approval of the certified survey map by the Town Board shall be inscribed legibly on the face of the map. A certificate of the Town Clerk stating that there are no unpaid special assessments or taxes on the lands shall be included on the certified survey map.
B. Submission.
(1) Before submitting the application packet for review by the Plan Commission,
the subdivider shall prepare the application and completed checklist
and deliver to the Town Clerk for determination of completeness by
the Town Engineer. Once the Town Engineer indicates that the packet
is complete, the subdivider shall submit to the Clerk one comprehensive
electronic copy (in PDF format) marked "First Draft" and dated, and
also four comprehensive copies in printed form, identical in all respects
to the electronic copy. The Certified Survey Map shall be prepared
in accordance with this chapter and the subdivider shall file those
copies as required by this section with the Town Clerk at least 14
days prior to the meeting of the Town Plan Commission at which action
is desired. The Town Clerk shall submit copies of the completed submittal
to the Town Engineer for review and written report of the Town Engineer's
recommendations.
(2) Should the subdivider desire to amend or revise the certified survey
map, the subdivider shall resubmit the certified survey map, which
shall follow the same procedure except for the fee. Any change to
the certified survey map shall be submitted in one comprehensive electronic
copy in a format approved by the Town, marked and dated to designate
which draft it represents (highlighting each of the changes made from
the previous draft), along with four comprehensive copies in printed
form, identical in all respects to the electronic copy, noting that
it is a second or subsequent draft of the proposed certified survey
map.
C. Referral to Plan Commission. The Town Clerk shall, within two normal
workdays after filing, transmit the copies of the map and letter of
application to the Plan Commission.
D. Review by other Town agencies. The Town Clerk shall transmit a copy
of the map to the Town Engineer, Town Attorney, and to all affected
Town boards, commissions or departments for their review and recommendations
concerning matters within their jurisdiction. Their recommendations
shall be transmitted to the Town Board within 45 days from the date
the map is filed. The map shall be reviewed by the Town 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.
E. Review and approval. The Town Board shall approve, 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
Town Board shall cause the Town Clerk to so certify on the face of
the original map and return the map to the applicant. If rejected,
the subdivider shall have 60 days to resubmit the application for
the project.
F. Map standards. All CSMs shall comply with Ch. 236, Wis. Stats., and
the provisions of this chapter. In review of the CSM, the Town Engineer
may waive any provisions of this chapter that are clearly not applicable
for the Town's review of the CSM.
G. 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 of the date of the last resolution of approval
and not later than 24 months following the date of the first resolution
of approval. All recording fees shall be paid by the applicant.
(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.
H. Reapprovals. Submittals of previously approved certified survey maps
for replatting or reapproval by the Town Board shall be in accordance
with this section.
I. Street/public area dedication. Dedication of streets and other public
areas shall require, in addition, the owner's certificate and
the mortgagee's certificate in substantially the same form as
required by § 236.21(2)(a), Wis. Stats.
J. Requirements. The certified survey shall comply with the provisions
of this chapter relating to general requirements, design standards
and required improvements.
K. Driveways. A CSM shall not be finally approved unless the proposed
driveway access for each lot meets all applicable Town, county and
state requirements and verification that such permit has been issued
or otherwise approved has been provided to the Town.
When a subdivision is created by successive land divisions,
then a preliminary and final plat shall be submitted under the procedures
set forth in this chapter, and the final plat shall comply with all
applicable provisions of this chapter.