Before filing a preliminary plat or certified survey map (minor
land division), the subdivider is encouraged to consult with the Plan
Commission for advice regarding general subdivision requirements.
Information on meeting dates, agenda deadlines and filing requirements
may be obtained from the Village Administrator-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 planning agency 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 15 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 Administrator-Clerk/Treasurer at least 25
days prior to the meeting of the Plan Commission at which action is
desired. The Village Administrator-Clerk/Treasurer shall submit a
copy of the preliminary plat to the Plan Commission and to the Village
Engineer for review and written report of his recommendations and
reactions to the proposed plat.
B.
Public improvements, plans and specifications. Simultaneously with
the filing of the preliminary plat, the owner shall file with the
Village Administrator-Clerk/Treasurer 15 complete sets of engineering
reports and plans for the construction of any public improvements
required by this chapter, specifically addressing sewer and water
service feasibility, drainage facilities, traffic patterns, typical
street cross sections, erosion control plans, pavement design and
other improvements necessary 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 Administrator-Clerk/Treasurer.
D.
Environmental assessment.
(1)
Filing requirement. An environmental assessment checklist[1] shall be completed by the subdivider for review by the
Plan Commission with the preliminary plat, or preferably as part of
the preapplication conference, for any subdivision or land division
by certified survey which the Village has authority to approve.
[1]
Editor's Note: A copy of an environmental assessment checklist
(Appendix A) is included as an attachment to this chapter.
(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 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, 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
Plan Commission 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.
(4)
Preliminary checklist for environmental assessment of plats, land
divisions and community development plans. An environmental assessment
checklist form as required under this subsection is available from
the Village Administrator-Clerk/Treasurer.
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 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 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 § 424-7, 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.
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
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 Plan Commission. The subdivider
shall file with the Village Administrator-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."[2]
(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 I(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 I(1), 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 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.[3]
J.
Drafting standards. The subdivider shall submit to the Village Administrator-Clerk/Treasurer
and to those agencies having the authority to object to plats under
provisions in Ch. 236 of the Wisconsin Statutes copies of a preliminary
plat (or certified survey) based upon an accurate exterior boundary
survey by a professional 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.
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, 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 of 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.
B.
Public hearing. The Village Administrator-Clerk/Treasurer shall schedule
a public hearing on the preliminary plat before the Plan Commission.
The Village Administrator-Clerk/Treasurer shall give notice of the
Plan Commission's review and public hearing on the preliminary
plat or certified survey by listing it as an agenda item in the Commission's
meeting notice published in the official Village newspaper. The notice
shall include the name of the applicant, the address of the property
in question and the requested action. Property owners within 200 feet
of the proposed land division shall receive written notice of the
public hearing.
C.
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 Administrator-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 Administrator-Clerk/Treasurer shall communicate
to the subdivider the action of the Village Board. If the preliminary
plat is approved, the Village Administrator-Clerk/Treasurer shall
endorse it for the Village Board.
D.
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. 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.[1]
E.
Preliminary plat amendment. Should the subdivider desire to amend
the preliminary plat as approved, he 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 15 copies of the plat and the application with the Village Administrator-Clerk/Treasurer at least 15 days prior to the meeting of the Plan Commission at which action is desired. The Village Administrator-Clerk/Treasurer shall give notice of the Plan Commission's meeting in the manner prescribed in § 424-11B. The owner or subdivider shall file 15 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.[1]
(2)
The subdivider shall, within two days after filing with the Village,
transmit two copies to the County Planning Agency, two copies to the
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 Plan Commission.
The subdivider shall file with the Village Administrator-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."[2]
(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).
(4)
Simultaneously with the filing of the final plat or map, the owner shall file with the Village Administrator-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 § 424-21.
(5)
The Village Administrator-Clerk/Treasurer shall refer two copies
of the final plat to the Plan Commission, one copy to the Village
Engineer, and a copy each to the telephone and power and other utility
companies. The abstract of title or registered property report may
be referred to the Village Attorney for his examination and report.
The Village Administrator-Clerk/Treasurer shall also refer the final
plans and specifications of public improvements to the Village Engineer
for review. The recommendations of the Plan Commission 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 finds them satisfactory, shall so certify in writing to the
Plan Commission. 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 Plan Commission.
B.
Plan Commission review.
(1)
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 and Comprehensive Plan components
which may affect it and shall recommend approval, conditional approval
or rejection of the plat to the Village Board.
(2)
The 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.[3]
(4)
The Plan Commission shall, within 30 days of the date of filing of
the final plat with the Village Administrator-Clerk/Treasurer, 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.
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 Administrator-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 Administrator-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.
(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)
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.
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 Administrator-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 within 12 months from
the date of last approval and not later than 36 months following the
date of the first resolution of approval.[5]
E.
Copies. The subdivider shall file eight copies of the final plat
with the Village Administrator-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
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 subdivider shall comply with all requirements of this chapter, including Article VII, Design Standards, and Article VI (required public improvements) 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 Administrator-Clerk/Treasurer stating that there are no unpaid special assessments or taxes on the lands shall be included on the certified survey map.
(4)
The applicant for a land division shall file 20 acceptable reproductions
of a certified survey map and a written application requesting approval
with the Village Administrator-Clerk/Treasurer.
B.
Referral to Plan Commission. The Village Administrator-Clerk/Treasurer
shall, within two normal work days after filing, transmit the copies
of the map and letter of application to the Plan Commission.
C.
Review by other Village agencies. The Village Administrator-Clerk/Treasurer
shall transmit a copy of the map 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.
The map shall be reviewed by the Plan Commission for conformance with
this chapter and all ordinances, rules, regulations, Comprehensive
Plans, Comprehensive Plan components and neighborhood plans.
D.
Review and approval. 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. 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 subdivider. If the map is rejected,
the reason shall be stated in the minutes of the meeting and a written
statement forwarded to the subdivider. If the map is approved, the
Village Board shall cause the Village Administrator-Clerk/Treasurer
to so certify on the face of the original map and return the map to
the subdivider.[1]
E.
Recordation.
(1)
The subdivider shall file a copy of the approved certified survey
map together with the approving resolution with the County Register
of Deeds within 12 months of the date of the last resolution of approval
and not later than 36 months following the date of the first resolution
of approval. All recording fees shall be paid by the subdivider.[2]
(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 of the Wisconsin Statutes. 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 or a replat is filed, the Plan Commission
shall schedule and hold a public hearing before it acts on the plat.
Notices of the proposed replat and public hearing shall be published
as a Class 3 notice and be mailed at the subdivider's expense,
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 200 feet of the proposed replat.
C.
Whenever an approved final plat is submitted for reapproval within
12 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 twelve-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.[1]
D.
Where lots are more than double the minimum size required for the
applicable zoning district, the Plan Commission may require that such
lots be arranged so as to allow resubdivision of such parcels into
normal lots in accordance with the provisions of this chapter.
A.
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.
B.
The applicant shall furnish any data requested by the Village Administrator-Clerk/Treasurer,
who shall transmit this information to the appropriate commission(s),
committee(s) and staff for review; the Village Administrator-Clerk/Treasurer
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, parks and open space and recreation facilities,
transportation facilities and schools.
C.
Public facilities and public services for a proposed land division
may be found to be adequate when the following conditions exist:
(1)
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 sewerage treatment facilities and any other
information presented.
(2)
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 recommendations from the Village's utilities
and the Village Engineer and the appropriate committee(s) on line
capacities, water sources and storage facilities, as well as any other
information presented.
(3)
The Village Administrator-Clerk/Treasurer verifies to the Plan Commission
and the Village Board that adequate funds, either public or private,
are available to insure the installation of all necessary stormwater
management facilities.
(4)
The Village Administrator 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 to the future residents
of the proposed land division or existing Village residents.
(5)
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, E.M.S. and Fire Department verify that timely
and adequate service can be provided to the residents.
(7)
The proposed land division is accessible by 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.
D.
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.
E.
No land shall be divided which has been officially mapped as public
lands, stormwater management facility or is determined by the Village
Board to be unsuitable for use by reason of flooding, bad drainage,
soil or rock formations with severe limitations for development, severe
erosion potential or unfavorable topography, or any other feature
likely to be harmful to health, safety or welfare of future residents
or landowners in the proposed land division or of the community.
F.
The above requirements shall not apply to those areas outside the
corporate limits of the Village of Spencer and within the Village's
extraterritorial limits. Areas within the Village capable of being
served by public sewer and water shall be required to connect to the
Village of Spencer public water distribution and/or public sewerage
system if determined by the Village Engineer to be feasible. If such
connection(s) 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 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.
A.
Application required. No person, firm or corporation shall divide
any land located within the one-and-one-half-mile extraterritorial
plat approval jurisdiction of the Village of Spencer without first
filing an application and a certified survey map with the Village
for approval by the Plan Commission.
B.
Preapplication procedure.
(1)
Before filing an application for approval of a certified survey,
the subdivider shall consult with the Plan Commission and shall:
(a)
Prepare a preliminary sketch for review and approval.
(b)
Complete an environmental assessment checklist.[1]
[1]
Editor's Note: A copy of an environmental assessment checklist
(Appendix A) is included as an attachment to this chapter.
(2)
This procedure will assist the developer in appraising the objectives
of these regulations, the Comprehensive Plan, the Official Map and
other pertinent Village ordinances.
(3)
The preapplication information shall be submitted to the Plan Commission
for review and approval 15 days prior to when the application will
be considered.
C.
Land division by certified survey procedure. For land divisions by certified survey as defined in § 424-13, the procedure for approval by the Village shall be as specified in § 424-13. The Plan Commission may require approval of the certified survey map by the pertinent town board before acting as specified under this section.
D.
Extraterritorial land division policies. The following policies shall
govern the Village Plan Commission in approving division of land within
the one-and-one-half-mile extraterritorial area in order to protect
the rural character and farming viability:
(1)
Sewer service.
(a)
No subdivisions without public sanitary sewer service as defined in this chapter except for land divisions by certified survey as referred to in § 424-13 will be permitted within the one-and-one-half-mile extraterritorial limits of the Village of Spencer.
(b)
At the time of submission of a final subdivision plat, the subdivider
shall present evidence of a binding commitment for public sanitary
sewer service to each lot within the proposed subdivision prior to
the sale of any lot within the subdivision.
(2)
Land divisions by certified survey as referred to in § 424-13 will be permitted for farm-related dwellings, for rural residential dwellings, and for commercial use not exceeding an overall density of one unit for 35 acres. The only exception to this policy is that lots resulting in the infill of existing subdivisions may also be permitted. Approval will be determined based on the provisions of § 236.13, Wis. Stats.
(3)
The Village of Spencer will attempt to seek consistency of locally
adopted town plans. To the extent that the policies of the Village
of Spencer are more restrictive and are applicable under law, the
Village's policies shall prevail unless town requirements control.
All land divisions within the one-and-one-half-mile extraterritorial
area will be subject to the land preservation or dedication requirements
of this chapter. This specifically means the following:
(a)
Any waterway or stormwater management area identified on the
Village Comprehensive Plan or Official Map shall be dedicated in conformance
with requirements of this chapter.
(b)
Any lands falling within the limits of an environmental corridor, as mapped by the Village of Spencer or by county planning agencies, will be required to record a public open space easement specifying that the use shall be consistent with conservancy area zoning in Chapter 480, Zoning, of the Code of the Village of Spencer.
(4)
Lands falling within the one-and-one-half-mile extraterritorial area shall be required to meet all of the design standards contained in Article VII of this chapter, where applicable, unless town requirements control.
(5)
Land divisions by certified survey within the extraterritorial area
will be required to follow erosion control plans in compliance with
this chapter.
(6)
The Plan Commission may require placement of covenants or deed restrictions
that are deemed necessary and appropriate by the Village 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 to verify the density
standard established herein.
(7)
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 Spencer have received all maps, drawings and data
required for plat approval, applications have been completed and fees
have been paid.
