Prior to the filing of an application for the approval of a
preliminary plat or certified survey map, it is recommended that the
subdivider consult with the Plan Commission or the Director of Public
Works in order to obtain their advice and assistance. This consultation
is intended to inform the subdivider of the purpose and objectives
of these regulations, other provisions of this Code, sewer and water
availability, other engineering considerations, duly adopted Village
plans, and to otherwise assist the subdivider in planning his development.
In so doing, both the subdivider and the Plan Commission may reach
mutual conclusions regarding the general objectives of the proposed
development and its possible effects on the neighborhood and the community.
The subdivider will also gain a better understanding of the subsequent
required procedures.
A.
Submission of plats. Before submitting a final plat for approval,
the subdivider shall prepare a preliminary plat and a letter of application.
The preliminary plat shall be prepared in accordance with this chapter,
and the subdivider shall comply with the procedures of §§ 236.11
and 236.12, Wis. Stats., and shall file an adequate number of copies
of the plat and the application with the Clerk-Treasurer. The Clerk-Treasurer
shall transmit copies, as appropriate, to agencies specified in § 236.12,
Wis. Stats., the Village Board members and the Plan Commission.
B.
Review of plats. The Plan Commission shall transmit a copy of the
preliminary plat to all affected boards, commissions or departments
and, unless the subdivider has elected to submit directly to the state
as provided in § 236.12(6), Wis. Stats., to all affected
local utility companies for their review and recommendations concerning
matters within their jurisdiction. Their recommendations shall be
transmitted to the Village Board within 20 days from the date the
plat is filed. The preliminary plat shall then be reviewed by the
Plan Commission for conformance with this chapter and all ordinances,
rules, regulations, the general plan and general plan components which
affect it, and the Plan Commission shall submit its recommendations
to the Village Board within 60 days.
The objecting state agencies shall, within 20 days of the date
of receiving their copies of the preliminary plat, notify the subdivider
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 of the plat and shall return that copy to the Clerk-Treasurer.
If an objecting agency fails to act within 20 days, it shall be deemed
to have no objection to the plat. In addition:
A.
The Village Board shall, within 90 days of the date of the filing
of a preliminary plat with the Clerk-Treasurer, approve, approve conditionally
or reject such plat unless an extension of the review period is mutually
agreed upon in writing. One copy of the plat shall thereupon be returned
to the subdivider with the date and action endorsed thereon; and if
approved conditionally or rejected, a letter of transmittal and a
copy of the Village Board minutes setting forth the conditions of
approval or the reasons for rejection shall accompany the plat. One
copy each of the plat and letter shall be placed in the Clerk-Treasurer's
permanent file.
B.
Failure of the Village Board to act within 90 days shall constitute
an approval of the plat as filed unless the review period is extended
by mutual agreement.
C.
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 as indicated in
§ 236.11(1)(b), Wis. Stats., the final plat shall be entitled
to approval.[1]
The subdivider shall submit a final plat and a letter of application
in accordance with this chapter and §§ 236.11 and 236.12,
Wis. Stats., and shall file an adequate number of copies of the plat
and the application with the Clerk-Treasurer. In addition:
A.
The Clerk-Treasurer shall transmit copies, as appropriate, to agencies
specified in § 236.12, Wis. Stats., and shall transmit the
original final plat and five copies to the Village Board and five
copies to the Plan Commission. A copy shall also be submitted to each
public utility affected.
B.
The 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 ordinances, rules, regulations,
the general plan and general plan components which may affect it,
and shall recommend approval, conditional approval or rejection of
the plat to the Village Board.
C.
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 that time.
The objecting state 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.
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 Plan Commission,
which shall forward the copy to the Village Board. If an objecting
agency fails to act within 20 days, it shall be deemed to have no
objection to the plat.
B.
Plan Commission recommendation. The Plan Commission shall, within
30 days of the date of filing of the final plat with the Clerk-Treasurer,
recommend approval or rejection of the plat and shall transmit the
final plat and application, along with its recommendations, to the
Village Board.
C.
Notification. The Plan Commission shall, at the time it recommends
approval or rejection of a plat to the Village Board and at least
10 days prior to any action of the Village Board, give notice of its
recommendation to the Clerk of any municipality within 1,000 feet
of the plat.
D.
Village Board approval or rejection. The Village Board shall, within
60 days of the date of filing the original final plat with the 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 copy of the minutes, together
with a letter of transmittal, shall be forwarded to the subdivider.
The Village Board may not approve the final plat unless the 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 within 20 days or, if filed, have been
met.
E.
Timely Village Board action required. Failure of the Village Board
to take action on the plat within 60 days, the time having not been
extended and no unsatisfied objections having been filed, the plat
shall be deemed approved.
F.
Consent and waiver. Prior to the acceptance of a final plat, the
subdivider shall furnish, when required by the Village, a consent
and waiver of the statutory provisions for special assessment for
the installation of sanitary sewer, storm sewer, sewer laterals, water
main, water laterals, curb and gutter, sidewalk, street surfacing,
streetlighting services and all other utilities, which will be in
a form approved by the Village Attorney pursuant to § 66.0703(7)(b),
Wis. Stats., and shall be recorded in the office of the Register of
Deeds in the same manner as a lis pendens. Such consent and waiver
shall provide that the installation of such services shall be made
at the discretion of the Village Board.
G.
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 Clerk-Treasurer
shall cause the certificate inscribed upon the plat attesting to such
approval to be duly executed and shall further cause the plat to be
recorded within 30 days of its approval by the Village Board. The
subdivider shall be responsible for the recording fee.
H.
Plat copies. The subdivider shall file two certified copies of the
final plat with the Clerk-Treasurer.
A.
When it is proposed to divide land into not more than four parcels
or building sites, any one of which is less than five 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 boundaries of said block, lot or outlot,
the subdivider shall subdivide by use of a certified survey map. The
subdivider shall prepare the certified survey map in accordance with
this chapter and shall file five copies of the map and the letter
of application with the Clerk-Treasurer at least 10 days prior to
the meeting of the Plan Commission at which action is desired.
B.
The Clerk-Treasurer shall, within two working days after filing,
transmit copies of the map and letter of application to Village Board
members and the Plan Commission.
C.
The Plan Commission shall transmit a copy of the map to all affected
boards, commissions, departments and all affected public utility companies
for their review and recommendations concerning matters within their
jurisdiction. Their recommendations shall be transmitted to the Plan
Commission within 10 days from the date the map is filed. The map
shall be reviewed by the Plan Commission for conformance with this
chapter and all ordinances, rules, regulations, and general plans
which affect it. The 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
recommendations to the Village Board.
D.
The Village Board shall approve, approve conditionally or reject
such map within 90 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 supplied the subdivider. If the map is approved,
the Clerk-Treasurer shall so certify on the face of the original map.[1]
F.
The subdivider shall file two certified copies of the certified survey
map with the Clerk-Treasurer.
