Article IV Land Division Review and Approval

An environmental assessment checklist (see § 495-17) shall be completed by the subdivider for review by the Plan Commission with the preliminary plat, or preferably as part of the preliminary consultation, for any subdivision or minor land division which the Village has authority to approve.

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 Plan Commission 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, assure 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.

The environmental assessment checklist shall apply to all reviewable subdivisions and land divisions by certified survey. The Plan Commission may waive the requirement for the filing of an environmental assessment checklist for land division by certified survey of less than five acres total area.

Certification. 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 it is in full compliance with the provisions of this chapter.

Filing requirements. The following shall also be filed with the preliminary plat:

A statement of the proposed use of lots, including type of residential buildings with number of proposed dwelling units and types of business or industry, as to reveal the effect of the development on traffic, fire hazards, environmental impact, and congestion of population.

If any zoning changes are contemplated, the proposed zoning plan for the areas, including dimensions.

§ 495-11 Preliminary plat review and approval.

Where the subdivider owns property adjacent to the proposed subdivision, the Plan Commission and/or 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 subdivisions. In any event, all subdivisions must be shown to relate well with existing or potential adjacent subdivisions.

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 required.

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 § 495-7, 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.

Drafting standards. The subdivider shall submit to the Village Clerk, and to those agencies having the authority to object to plats under provisions in Chapter 236 of the Wisconsin Statutes, copies of a preliminary plat (or certified survey map) based upon an accurate exterior boundary survey by a professional land surveyor. The plat shall clearly depict the proposed subdivision at a scale of not more than one inch per 100 feet; two-foot contour intervals; grading, tree planting, paving, installation of facilities and dedications of land; and easements. The subdivider shall also indicate when improvements will be provided.

[Amended 6-15-2015 by Ord. No. 2015-02; 12-16-2019 by Ord. No. 2019-18]

Referral to objecting agencies.

[Amended 12-15-2014 by Ord. No. 2014-13]

The subdivider shall, within two days after filing with the Village, transmit two copies to the Plat Review Program, Wisconsin Department of Administration (WisDOA), and two copies to the Wisconsin Department of Transportation (WisDOT), if the subdivision abuts or adjoins a state trunk highway or a connecting street, and two copies to the State Department of Safety and Professional Services (WisDSPS) if the subdivision is not served by public sewer and a provision for that service has not been made. The subdivider shall file with the Village Clerk an affidavit indicating that he/she has fully complied with the requirement of filing with WisDOA, WisDOT and WisDSPS, which are considered to be objecting agencies.

[Amended 6-15-2015 by Ord. No. 2015-02; 12-16-2019 by Ord. No. 2019-18]

Within 20 days of the date of receiving the copies of the plat, any state 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 all 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.

§ 495-12 Final plat review and approval.

In lieu of the procedure under Subsection A(1) above, the subdivider may submit the original plat to WisDOA, which shall forward two copies to each of the agencies authorized to object. The Wisconsin Department of Administration (WisDOA) 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 WisDOA. After each agency and the WisDOA have certified that they have no objection or that their objections have been satisfied, WisDOA 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 WisDOA 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 WisDOA.

Review by other Village agencies. The Village Clerk shall transmit a copy of the preliminary plat to the Village Engineer, Village Attorney, Village Zoning Administrator and to all affected Village boards, commissions, or departments, and all affected local utility companies, for their review and recommendations concerning matters within their jurisdiction. Their recommendations, if any, shall be transmitted to the Plan Commission within 15 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 and regulations and the Comprehensive Plan.

[Amended 12-16-2019 by Ord. No. 2019-18]

Plan Commission review. After review of the preliminary plat and negotiations with the subdivider on changes deemed advisable and the kind and extent of public improvements which will be required, the Plan Commission shall, within 60 days of filing, or within such time as extended by agreement with the subdivider of its submission, approve, approve conditionally, or reject the plat. The subdivider shall be notified in writing of any conditions for approval or the reasons for rejection. Such action of the Plan Commission shall be submitted to the Village Board for approval, and the subdivider shall be notified in writing of any changes or modifications in the action of the Plan Commission and the reasons therefor.

Board action. After receipt of the Plan Commission's recommendation, the Village Board shall, within 90 days of the date the plat was filed with the Village Clerk, 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 of filling of the plat or extension thereof shall constitute an approval of the preliminary plat, unless other authorized agencies object to the plat. The Village Clerk shall communicate to the subdivider the action of the Village Board. If the preliminary plat is approved, the Village Clerk shall endorse it for the Village Board.

[Amended 12-16-2019 by Ord. No. 2019-18]

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 a 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 Plan Commission and Village Board at the time of its submission.

Preliminary plat amendment. Should the subdivider desire to amend the preliminary plat as approved, he/she 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.

[Amended 12-15-2014 by Ord. No. 2014-13]

Filing requirements.

The subdivider shall prepare a final plat and a letter of application in accordance with this chapter and shall file one paper and one electronic copy of the plat and the application with the Village Clerk at least 15 days prior to the meeting of the Plan Commission at which action is desired. The owner or subdivider shall file one paper and one electronic copy 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 application. A written transmittal letter shall identify all substantial changes that have been made to the plat since the approval of the preliminary plat.

[Amended 6-15-2015 by Ord. No. 2015-02; 12-16-2019 by Ord. No. 2019-18]

The subdivider shall, within two days after filing with the Village, transmit two copies to the Plat Review Program, Wisconsin Department of Administration (WisDOA), and two copies to the Wisconsin Department of Transportation (WisDOT), if the subdivision abuts or adjoins a state trunk highway or a connecting street, and two copies to the State Department of Safety and Professional Services (WisDSPS) if the subdivision is not served by public sewer and a provision for that service has not been made. The subdivider shall file with the Village Clerk an affidavit indicating that the plat fully complies with the requirement of filing with WisDOA, WisDOT and WisDSPS, which are considered to be objecting agencies.

[Amended 6-15-2015 by Ord. No. 2015-02; 12-16-2019 by Ord. No. 2019-18]

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.

Simultaneously with the filing of the final plat or map, the owner shall file with the Village Clerk one paper and one electronic copy of plans and specifications of public improvements required by this chapter and a signed copy of the subdivider's agreement as may be required by this chapter.

[Amended 12-16-2019 by Ord. No. 2019-18]

The Village Clerk shall refer two copies of the final plat to the Plan Commission, 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 shall also refer final plans and specifications for public improvements required by this chapter to the Village Engineer for review.

[Amended 12-16-2019 by Ord. No. 2019-18]

Village staff review.

A professional engineer, a planner, or another person charged with the responsibility to review plats shall provide the Plan Commission and Village Board with his or her conclusions as to whether the final plat conforms substantially to the preliminary plat and with his or her recommendation on approval of the final plat.

Village staff may only recommend approval of the final plat upon a determination that all required public and private improvements have been provided as set forth in § 495-23.

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 the final plans and specifications of public improvements for technical details and, if he/she finds them satisfactory, shall so certify in writing to the Plan Commission. If the plat, map, or the plans and specifications are not satisfactory, the Village Engineer shall return them to the owner and so advise the Plan Commission.

Plan Commission review.

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 applicable ordinances, rules, regulations, comprehensive plans which may affect it and shall recommend approval, conditional approval, or rejection of the plat to the Village Board. The recommendations of the Plan Commission shall be made within 30 days of the filing of the final plat.

The Plan Commission may only recommend approval of the final plat upon a determination that all required public and private improvements have been provided as set forth in § 495-23.

The objecting 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 Village. If an objecting agency fails to act within 20 days, it shall be deemed to have no objection to the plat.

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.

The Plan Commission shall, within 30 days of the date of filing of the final plat with the Village Clerk, recommend approval, conditional approval, or rejection of the plat and shall transmit the final plat and application, along with its recommendations, to the Village Board. The Plan Commission may hold the matter in abeyance if there is incomplete or inadequate information.

[Amended 12-16-2019 by Ord. No. 2019-18]

Board review and approval.

The Village Board shall, within 60 days of the date of filing the original final plat with the Village Clerk, 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 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.

[Amended 12-16-2019 by Ord. No. 2019-18]

The Village Board may only approve the final plat upon a determination that all required public and private improvements have been provided as set forth in § 495-23.

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 clerk of any municipality whose boundaries are within 1,000 feet of the final plat.

§ 495-13 Land divisions by certified survey map.

Failure of the Village Board to act within 60 days, the time having not been extended and no unsatisfied objections having been filed, the plat shall be deemed approved.

Recording. After the final plat has been approved by the Village Board, the Village Clerk 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 Register of Deeds. The Register of Deeds cannot record the plat unless it is offered within 12 months after the date of the last approval of the plat and within 36 months after the first approval.

[Amended 12-16-2019 by Ord. No. 2019-18]

Copies. The subdivider shall file one paper and one electronic copy of the final plat with the Village Clerk for distribution to the approving agencies, affected sanitary districts, and other affected agencies for their files.

[Amended 12-16-2019 by Ord. No. 2019-18]

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.

[Amended 12-15-2014 by Ord. No. 2014-13]

Generally. When it is proposed to divide land into not more than four parcels or sites, or when it is proposed to divide a block, lot, or outlot into not more than four parcels or 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. Additionally, in accordance with § 236.34(1)(ar), Wis. Stats., a certified survey map shall be used for the division of land into 10 or fewer parcels or lots, not including outlots, for land located in, or concurrently to be rezoned as, BP (Business Park), LI (Light Industrial), GI (General Industrial) and PD (Planned Development), provided the Plan Commission determines the land division is consistent with an overall development plan for the subject property as approved by the Plan Commission, upon recommendation of the Plan Commission. In the event a proposed land division does not meet the above requirements, the proposed land division must be pursued as a subdivision plat. A certified survey map, prepared by a professional land surveyor, shall comply with the requirements of § 236.34, Wis. Stats., as well as all requirements set forth in this chapter.

[Amended 6-15-2015 by Ord. No. 2015-02; 2-17-2020 by Ord. No. 2020-05]

Land to be included in survey. The certified survey map shall include the entire lot, parcel, or tract of land being divided, except that the Village Board may upon petition allow the subdivider to exclude any remainder that is more than 40 acres.

Applicable requirements. The subdivider 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 stating that there are no unpaid special assessments or taxes on the lands shall be included on the certified survey map.

[Amended 12-16-2019 by Ord. No. 2019-18]

Conceptual review procedure. The following steps shall be used in the review of a conceptual certified survey map:

Presubmittal meeting. Before submitting an application, the subdivider is encouraged to meet with the Zoning Administrator and other Village officials to review applicable zoning and land division requirements. 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, and duly adopted Comprehensive Plan implementation devices of the Village and to otherwise assist the subdivider in planning the development.

Submittal. The subdivider shall submit a completed application and the conceptual certified survey map in the number requested by the Village Clerk along with the application fee as may be set by the Village Board.

[Amended 12-16-2019 by Ord. No. 2019-18]

Review by other Village agencies. The Village Clerk shall transmit a copy of the map to the Village Engineer, Village Attorney, Village Zoning Administrator 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 Plan Commission within 10 days from the date the map is filed.

[Amended 12-16-2019 by Ord. No. 2019-18]

Review by Plan Commission. The Plan Commission shall review the conceptual certified survey map at a regular or special meeting and shall approve the conceptual survey map, approve the map with conditions, or deny the map. If the map is denied, the reason shall be stated in the minutes of the meeting and a written statement forwarded to the applicant.

Final review procedure. After conceptual concurrence has been granted by the Plan Commission, the subdivider shall prepare a final certified survey map consistent with § 236.34, Wis. Stats., and this chapter and submit it for review at least 25 days prior to the meeting at which time certified survey map approval is requested. The following steps shall be used in the review of a final certified survey map:

Submittal. The subdivider shall submit a completed application and the final certified survey map in the number requested by the Village Clerk along with the application fee as may be set by the Village Board.

[Amended 12-16-2019 by Ord. No. 2019-18]

Referral to Plan Commission. The Village Clerk shall, within two normal workdays after filing, transmit the copies of the application and map to the Plan Commission.

[Amended 12-16-2019 by Ord. No. 2019-18]

Review by other Village agencies. The Village Clerk shall, within two normal workdays after filing, transmit a copy of the map to the Village Engineer, Village Attorney, Village Zoning Administrator, and to all affected Village boards, commission or departments 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.

[Amended 12-16-2019 by Ord. No. 2019-18]

Plan Commission recommendation. The Plan Commission shall, within 30 days from the date of filing of the 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.

§ 495-15 Adequate public facilities and services.

Village Board decision. The Village Board shall approve, approve conditionally, 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 to so certify on the face of the original map and return the map to the applicant. The Village Board may only approve the certified survey map upon a determination that all required public and private improvements have been provided as set forth in § 495-23.

[Amended 12-16-2019 by Ord. No. 2019-18]

Recording. The applicant shall offer for record a copy of the approved certified survey map to the Register of Deeds within 12 months of the date of the last approval and within 36 months after the date of the first approval. All recording fees shall be paid by the subdivider.

[Amended 6-15-2015 by Ord. No. 2015-02]

Building permits. No building permits shall be issued until the certified survey is recorded and a document recording number is filed with the Village Building Inspector.

Reapprovals. Submittals of previously approved certified survey maps for replatting or reapproval by the Village Board shall be in accordance with § 495-14.

§ 495-14 Replat.

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.

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.

A preliminary plat, final plat, or certified survey shall not be approved unless the Plan Commission and the Village Board determine that adequate public facilities and public services will be available to meet the needs of the proposed land division and that no public funds other than those already provided in an adopted capital or operating budget are required. The Village Board, at its discretion, may waive this provision if the Board agrees to use bonding/borrowing for the project.

The applicant shall furnish any data requested by the Village Clerk, who shall transmit this information to the appropriate Village commissions, committees, and staff for review. The Village Clerk shall act as coordinator of the reports from staff to the Plan Commission and Village Board on the adequacy of water, sanitary and storm sewers, fire service, police protection, parks, open space, recreation facilities, transportation facilities, and schools.

[Amended 12-16-2019 by Ord. No. 2019-18]

Public facilities and public services for a proposed land division may be found to be adequate when the following conditions exist:

The proposed land division is located in an urban service area where adequate sewer service is presently available for extension, under construction, or designated by the Village Board for extension of sewer service within the current capital budget year and funds are specifically provided for such extension either from public or private financing. The Plan Commission and the Village Board shall consider the recommendations of the Village Engineer and the appropriate committee(s) on the capacity of trunk lines and of sewage treatment facilities and any other information presented.

The proposed land division is located within an urban service area contiguous to an arterial transmission water main of adequate capacity for the proposed development or if the water distribution system that is needed is under construction or scheduled for construction within the current budget year and funds, either public or private, are available for the program. The Plan Commission and the Village Board shall consider the recommendation from the Village utility providers and the Village Engineer and the appropriate committee(s) on line capacities, water sources and storage facilities, as well as any other information presented.

The Village Treasurer verifies to the Plan Commission and the Village Board that adequate funds, either public or private, are available to ensure the installation of all necessary stormwater management facilities.

[Amended 12-16-2019 by Ord. No. 2019-18]

The Director of Public Works can demonstrate to the Plan Commission and the Village Board that street maintenance and refuse collection services, either public or private, are so situated that adequate and timely service can be provided so as not to involve danger or injury to the health, safety, or general welfare of the future residents of the proposed land division or existing Village residents.

§ 495-16 Land divisions in extraterritorial review area.

The Plan Commission verifies that the future residents of the proposed land division can be assured park, recreation, and open space facilities and services which meet the standards of the Village's Comprehensive Plan.

(6)

The Police Department, Emergency Services, and Fire Department verify that timely and adequate service can be provided to the residents.

[Amended 6-15-2015 by Ord. No. 2015-02]

(7)

The proposed land division is accessible by an existing or officially mapped, publicly maintained, all-weather roadway system adequate to accommodate both existing traffic and that traffic to be generated by the proposed land division in accordance with the Official Map and Village standards.

Where the Plan Commission and the Village Board determine that one or more public facilities or services are not adequate for the proposed development but that a portion of the area could be served adequately, or that careful phasing of the development could result in all public facilities and public services being adequate, conditional approval may include only such portions or may specify phasing of the development.

Areas within the Village capable of being served by public sewer and water shall be required to connect to the Village of East Troy public water distribution and/or public sewerage system if determined by the Village Engineer to be feasible. If such connections are not determined feasible, the proposed land division shall provide for adequate on-site systems and such special piping provisions as may be necessary to serve the anticipated development during the interim period until such Village public water and/or sewerage systems are determined by the Village Engineer to be feasibly available for connection. The subdivider and his/her heirs and assigns shall, by written plat restriction, agree to abandon the interim water and sewerage facilities and connect to the Village public water and sewerage facilities upon a determination by the Village Engineer that such facilities are available for feasible connection.

The above requirements of this section shall not apply to those areas outside the corporate limits of the Village of East Troy and within the Village's extraterritorial limits.

[Amended 11-3-2014 by Ord. No. 2014-12; 12-15-2014 by Ord. No. 2014-13; 6-15-2015 by Ord. No. 2015-02; 8-19-2019 by Ord. No. 2019-07; 5-17-2021 by Ord. No. 2021-05]

Application required. No person, firm, or corporation shall divide any land located within the Village's extraterritorial review area without first filing an application with the Village for, and receiving Village approval of, a certified survey map and/or preliminary and final plat.

Preapplication procedure. Before filing an application for approval of a certified survey, the subdivider shall consult with the Plan Commission and shall prepare a preliminary sketch for review and approval and complete an environmental assessment checklist (see § 495-17). This procedure will assist the applicant in appraising the objectives of these regulations, the Comprehensive Plan, Official Map and other pertinent Village ordinances. The preapplication information shall be submitted to the Plan Commission for review and approval 15 days prior to the meeting at which the application will be considered.

Review policies. The following policies shall govern the Village in reviewing divisions of land within the Village's extraterritorial review area:

The minimum lot size shall be one acre. A smaller lot size may be allowed if also approved by the respective Town Board. The maximum lot size shall be 100,000 square feet, except for lots to remain undeveloped in farmland or natural area.

Before final approval by the Village of any plat located outside the corporate limits of the Village but within its extraterritorial review area, the subdivider shall give evidence that he/she has complied with all street and utility improvement requirements of the town in which the land being platted is located.

For land divisions by certified survey map, the procedure for approval by the Village shall be as specified in § 495-13. The Village may require approval of the certified survey map by the pertinent Town Board before acting as specified under this section.

All land divisions are subject to the land preservation or dedication requirements of this chapter. This specifically means the following:

(a)

Any public right-of-way area identified on the Village Comprehensive Plan or Official Map shall be dedicated in conformance with requirements of this chapter.

(b)

Any waterway or stormwater management area identified in the Village Comprehensive Plan or Official Map shall be dedicated in conformance with requirements of this chapter.

(c)

For any lands falling within the limits of an environmental corridor, as mapped by the Village of East Troy or by county planning agencies, the developer will be required to record a public open space easement specifying that the use shall be consistent with conservancy area zoning in Chapter 510, Zoning, of this Code.

§ 495-17 Environmental assessment checklist.

Land divisions shall meet all of the design standards in Article VII of this chapter, where applicable. Upon petition, the Village Board, upon Plan Commission recommendation, may on a case-by-case basis exempt one or more of the proposed lots from one or more of the specific standards in § 495-46 relating to the design of lots.

(6)

Land divisions by certified survey shall follow erosion control plans in compliance with this chapter.

(7)

The Village Board may require placement of covenants or deed restrictions that are deemed necessary and appropriate by the Plan Commission to protect the purpose and intent of the Village's plan and ordinances. Any such restrictions shall be placed on the face of the certified survey map from which the lot or lots were created.

(8)

The plat or certified survey map shall include those portions of the entire original parcel of land on which any new lots or parcels are created.

(9)

In all cases, the time period within which action is required shall not begin until the Town Board, pertinent county reviewing officials, and the Village of East Troy have received all maps, drawings, and data required for plat approval, applications have been completed, and fees have been paid.

Preliminary Checklist for Environmental Assessment of Plats, Land Divisions and Community Development Plans
(All yes answers must be explained in detail by attaching maps and supporting documentation describing the impacts of the proposed development.)			Yes	No
I	Land resources. Does the site involve the following?
	A	Changes in relief and drainage patterns (attach a topographic map showing, at a minimum, 2-foot contour intervals)
	B	A landform or topographic feature of local or regional interest
	C	A floodplain [if yes attach 2 copies of a typical stream valley cross section showing the channel of the stream, the 100-year floodplain limits and the floodway limits (if officially adopted) of each side of the channel and a cross section of area to be developed]
	D	An area of soil instability: greater than 18% slope and/or organic soils, peats, or mucks at or near the surface
	E	An area of bedrock within 6 feet of the soil surface
	F	An area with the groundwater table within 10 feet of the soil surface
	G	An area with fractured bedrock within 10 feet of the soil surface
	H	Prevention of gravel extraction
	I	A drainageway for 5 or more acres of land
	J	Lot coverage of more than 50% impermeable surfaces
	K	Prime agricultural land
	L	Wetlands and marshes
	M	Land elevation above 950 (USGS datum)
	N	Mapped environmental corridors
II	Water resources. Does the proposed project involve any of the following?
	A	Location within an area traversed by a navigable stream or dry run
	B	Greater than 10% change in the capacity of a stormwater storage facility or flow of a waterway within 1 mile
	C	The use of septic tank – soil absorption fields for on-site waste disposal
	D	Lowering of water table by pumping or drainage
	E	Raising of water table by altered drainage patterns
	F	Lake frontage
III	Biological resources. Does the proposed project involve any of the following?
	A	Critical habitat for plants and animals of community interest
	B	Endangered, unusual or rare species
	C	Removal of over 25% of the present trees
IV	Human and scientific interest. Does the proposed project involve any of the following?
	A	An area of archaeological interest
	B	An area of geological interest
	C	An area of hydrological interest
	D	Historic buildings or monuments
	E	Buildings or monuments of unique architecture
	F	An area of identified community recreation use
V	Energy, transportation and communications.
	A	Does the development increase the traffic flow in any collector system by more than 10%?
	B	Is the development traversed by an existing or planned utility corridor? (gas, electricity, water, sewer interceptor, communications, storm sewer)
VI	Population.
	A	Does the development increase by more than 10% the school population of any school serving the development?
VII	Additional information on any of the above that may have a significant environmental impact.
VIII	Appendices and supporting material.

§ 495-18 Prior review of sales or exchanges of land between adjoining landowners.

[Added 11-3-2014 by Ord. No. 2014-11]

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 Walworth County Register of Deeds.

Review procedure. The general steps outlined below shall be used to review an application for a sale or exchange between adjoining landowners:

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.

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.

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.

Applicant notification. Within 15 days 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.