The provisions of this chapter are adopted by the Village of
Coloma Board pursuant to the authority granted by Chs. 61 and 236,
Wis. Stats. This chapter requires either a certified survey map or
a subdivision plat to create new land parcels or lots in the Village
of Coloma.
No person may divide any lot or block in a recorded subdivision,
plat or certified survey map or in an unplatted area without prior
approval by the Village of Coloma. A petitioner shall file an application
for a lot split by means of a certified survey map. The lot split
shall be reviewed by the Plan Commission with recommendation to the
Village Board. If the Village Board approves the lot split, the CSM
may then be recorded. If land is split without benefit of Village
review, those involved in the illegal lot split will be given 30 days
to comply with this section.
Land shall be combined into one parcel by certified survey map
procedures and recorded in the County Register of Deeds office.
No land shall be divided which is held unsuitable for any proposed
use by the Village Board. The Village Board in applying the provisions
of this chapter shall in writing cite the particular facts upon which
it bases its conclusion that the land is not suitable for the proposed
use and afford the applicant an opportunity to present evidence at
a public hearing. Thereafter, the Village Board may affirm, modify,
or withdraw its determinations of unsuitability.
No person shall build upon, divide, convey, record or monument
any land in violation of this chapter or the Wisconsin Statutes. No
permit shall be issued authorizing the building on or improvement
of any subdivision or replat within the jurisdiction of this chapter
and lot of record until the provisions and requirements of this chapter
have been fully met.
If the Village of Coloma Village Board denied a plat, the petitioner
may appeal the denial to the Village of Coloma Board of Appeals. If
the Board of Appeals supports the Board's denial, the petitioner may
then commence an action seeking the remedy available by certiorari.
When it is proposed to divide land into three or more lots or
building sites by successive division, the subdivider shall subdivide
in accordance with the following procedures:
A. Shall have an initial consultation with the Village Plan Commission.
The petitioner will be asked to submit a concept plan and meet with
the Plan Commission, at site if requested. The purpose is to review
the following:
(1) Suitability of the site for development.
(2) Accessibility of the site.
(3) The availability of public facilities.
(4) Soil and drainage characteristics.
(5) Applicable zoning and regulations.
(6) Required public improvements.
(7) Consistency with the Village's Comprehensive Plan.
B. As part of the initial consultations, the Village requires the subdivider
to provide a developer's agreement. The petitioner will be obligated
to pay all legal and professional fees associated with the Village's
review and approval of the agreement. Any fees that are part of the
developer's agreement shall be paid prior to Village approval
of the final plat.
C. At least 14 days prior to the Plan Commission hearing, the subdivider
shall file the preliminary plat. The subdivider shall also file a
copy with the utility companies having jurisdiction over the subject
area so that required easements can be determined. Response from utility
companies shall be submitted for informational purposes with the preliminary
plat.
D. The subdivider shall be responsible for submitting the required copies
to the state agency that is responsible for reviewing the preliminary
plat according to § 236.12, Wis. Stats. A copy of the transmittal
letter and state review comments shall be forwarded to the Village
Clerk/Treasurer for inclusion for review. If the state has no objections
and certifies the subdivision, a copy of that certification shall
be forwarded to the Village Clerk/Treasurer.
E. The preliminary plat shall be reviewed by the Plan Commission and
then forwarded to the Village Board with a recommendation for approval
or rejection. Within 90 days of the date of filing the preliminary
plat, the Village Board shall approve, approve conditionally, or reject
such plat, in accordance with § 236.11(1), Wis. Stats. Failure
of the Village Board to act within 90 days shall constitute approval.
If approved conditionally or rejected, a letter setting forth the
conditions of approval or the reasons for rejection shall be returned
with the plat.
F. Approval or conditional approval of the preliminary plat by the Village
Board shall be deemed an expression of approval or conditional approval
of the proposed subdivision. If the final plat conforms substantially
to the preliminary plat as approved, including any conditions, the
Village shall approve the final plat if submitted within 36 months
of the last required approval of the preliminary plat. Approval or
conditional approval of a preliminary plat does not constitute or
bind the Village of Coloma to automatic approval of the final plat.
G. The subdivider shall submit 14 days prior to the Plan Commission
meeting the final plat. Following recommendation of the Plan Commission,
the Village Board shall, within 60 days of filing of the final plat,
approve or reject such plat in accordance with § 236.11(2),
Wis. Stats. If rejected, written reason will be submitted to the subdivider.