Before filing of an application for the approval of a preliminary plat or certified survey map, the subdivider is encouraged to submit a concept plan and to consult with Village staff for advice regarding general subdivision requirements. Information on meeting dates, agenda deadlines and filing requirements may be obtained from the Village Clerk-Treasurer. The concept plan would show the relationship of the proposed subdivision or certified survey 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, the Comprehensive Plan components and plan implementation devices of the Village and to otherwise assist the subdivider in planning his development. 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 10 copies of the preliminary plat. The preliminary plat shall be prepared in accordance with the standards of this chapter, particularly § 408-16, and the subdivider shall file copies of the plat and the application as required by this section with the Village Clerk-Treasurer at least 90 days prior to the meeting of the Village Board at which action is desired. The Village Clerk-Treasurer shall submit copies of the preliminary plat to the Village Engineer for review and written report of his recommendations and reactions to the proposed plat. The subdivider shall pay the costs of the review.[1]
B.
Public improvements; plans and specifications. Simultaneously with the filing of the preliminary plat or map, the owner shall file with the Village Clerk-Treasurer 10 complete sets of preliminary plans and specifications for the construction of any public improvements required by this chapter, specifically addressing sewer 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 Clerk-Treasurer.
D.
Environmental assessment.
(1)
Filing requirement. An Environmental Assessment Checklist shall be completed by the subdivider for review by the Village Board 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.
(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 Village Board 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 Village Board 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 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 and types of business or industry so as to reveal the effect of the development on traffic, fire hazards and congestion of population;
(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 subdivider shall comply with the requirements of § 408-16A(5) for 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. Upon the request of the Village Board or Village Engineer, the subdivider shall 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 § 408-7, the Village Engineer 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 and utilities.
(1)
Utilities. The subdivider shall also forward a copy to the local electric, gas and telephone utilities. When the subdivider expects the Village to act as the transmitting authority in accordance with § 236.12, Wis. Stats., the application shall state that the transmittal responsibility lies with the Village, shall contain a list of the other authorities to which the plat must be submitted, and shall be accompanied by such additional fees and copies of the plat as are necessary to be transmitted to such authorities.
(2)
County and state agencies.[2]
(a)
The Village Clerk-Treasurer shall, within two days after the filing of the preliminary plat, transmit copies to the County Planning Agency, copies to the Department of Administration, additional copies to the Department of Administration for retransmission of copies 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 Village Board. 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." The Village Clerk-Treasurer may also transmit a copy of the preliminary plat to other affected Village boards, commissions or departments for their review and recommendations concerning matters within their jurisdiction.
(b)
In lieu of this procedure, the subdivider or the subdivider's agent may submit the original plat to the Department of Administration, which shall forward two copies to each of the agencies authorized to object.
(3)
Action by outside agencies. Within 20 days of the date of receiving the copies of the preliminary plat, any state or county agency having authority to object under Subsection I(2) 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 20 days, and the Department of Administration fails to act within 30 days from the date on which it received the copy of the plat, it shall be deemed to have no objection to the plat. The recommendations of Village agencies shall also be transmitted to the Village Board within 20 days from the date the plat is filed.[3]
A.
Board action.
(1)
The Village Board shall, within 90 days of the date the preliminary plat was filed with the Village 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 or if necessitated by the subdivider not having filed all required information. 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 Clerk-Treasurer shall communicate to the subdivider the action of the Village Board. If the preliminary plat is approved, the Village Clerk-Treasurer shall endorse it for the Village Board.
(2)
Upon approval of the preliminary plat, the Village Clerk-Treasurer shall refer copies of the preliminary plat as approved to the Village Attorney and Village Engineer. An abstract of title or registered property report may be referred to the Village Attorney for his examination and report.
B.
Effect of preliminary plat approval. Approval or conditional approval of a preliminary plat shall entitle the final plat to approval, provided the final plat conforms substantially to the preliminary plat, including any conditions of that approval, conforms to applicable local plans and ordinances, and is submitted within 36 months of the last required approval of the preliminary plat. If the preliminary plat is approved, the final plat must be approved by the Village Board within 36 months or the preliminary plat approval is void. Previous preliminary plat approvals shall not constitute grounds for approval upon resubmission.[1]
C.
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 outlined herein, 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 six copies of the plat and the application with the Village Clerk-Treasurer at least 90 days prior to the meeting of the Village Board at which action is desired. The owner or subdivider shall file six 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. A written transmittal letter shall identify all substantial changes that have been made to the plat since the preliminary plat. When the subdivider expects the Village to act as the transmitting authority in accordance with § 236.12, Wis. Stats., the application shall state that transmittal responsibilities lie with the Village and shall contain a list of the other authorities to which the plat must be subjected and shall be accompanied by such additional fees and copies of the plat as are necessary to be transmitted to such authorities.[1]
(2)
Referral.
(a)
If the Village is acting as the transmitting authority, the Village Clerk-Treasurer shall, within two days after filing, transmit copies to the County Planning Agency, copies to the Department of Administration, additional copies to the Department of Administration for retransmission of copies 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, to all affected Village boards, commissions and committees and the original final plat and adequate copies to the Village Board. 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]
(b)
In lieu of this procedure, the subdivider or the subdivider's agent may submit the original plat to the Department, which shall forward two copies to each of the agencies authorized to object.
(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), Wis. Stats.
(4)
The Village Clerk-Treasurer shall refer copies of the final plat to the Village Engineer. The recommendations of the 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 Village Board. 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 Village Board.
B.
Board review and approval.
(1)
The Village Board 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.
(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 Village Board shall, within 60 days of the date of filing the original final plat with the Village Clerk-Treasurer, approve or reject such plat unless the time is extended by agreement with the subdivider or if necessitated by the subdivider not having filed all required information. 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-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.[5]
(5)
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 of any municipality within 1,000 feet of the final plat. 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.[6]
C.
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 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. Recording fees shall be paid by the subdivider.[7]
D.
Final copies. The subdivider shall file six copies of the final plat as approved with the Village Clerk-Treasurer for distribution to the approving agencies, affected utilities and other affected agencies for their files. One Mylar copy shall also be filed with the Village Engineer.[8]
E.
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.
All existing lots 1/2 acre or less, being those recorded in the Register of Deeds office for Sheboygan County, shall be required to comply with the following requirements:
(1)
Sewers for property abutting mains. If property abuts an existing sewer main, such property shall be required to connect to the sewer main within 60 days of commencement of construction upon such lot of any structure which may require toilet facilities. The owner shall at the time of hookup pay the lateral expenses, hookup charges, and an amount equal to the equivalent front footage charges normally charged as a special assessment, and any related costs at the Village Board's established rate in effect at the time of construction. The Clerk-Treasurer shall maintain the schedule of construction rates in his office on a current basis.
(2)
Sewers for property not abutting mains. If such property does not abut an existing sewer main, a hookup to the main may be permitted by the Village Board on the condition that an initial user fee shall be paid which shall be the equivalent of front footage charges, hookup charges, all lateral charges, such charges determined as though the sewer main was running parallel with the front lot line in the center of the street and any related costs at the Village Board's established rate in effect at the time of construction. The Clerk-Treasurer shall maintain the schedule of construction rates in his office on a current basis.[1]
(3)
Street improvements. When streets are improved, the costs of such improvements shall be assessed against the abutting property owner at the Village Board's established rate in effect at the time of construction. The Village Clerk-Treasurer shall maintain the schedule of construction rates in his office on a current basis.
(4)
Storm sewers.
(a)
When storm sewers are added to serve areas which have previously been developed, the costs of such project shall be allocated between the Village and the benefited property owners with the Village paying 50% of the total project costs, except that tax-exempt properties shall pay 100% of the cost of such projects.
(b)
Those costs incurred in areas not directly benefiting from the project shall be included in the Village's 50% and shall not be in addition thereto.
(c)
The charges to the benefited property owners shall be levied as a special assessment following the procedures set forth in § 66.0701, Wis. Stats.
B.
Land divisions of unplatted areas and platted areas.
(1)
Certified survey map. A certified survey map prepared by a professional land surveyor is required for all land divisions when such division does not involve a platted subdivision. (It is intended hereby to cover all situations where one lot is split into five or more.) The certified survey map shall comply in all respects with the standards and specifications of § 236.34, Wis. Stats., which section is hereby adopted by reference. Prior to recording a deed of conveyance with regard to such division of land, a certified survey map shall be first approved by the Village Clerk-Treasurer. The Clerk-Treasurer shall transmit the map to the Plan Commission for review of such map to determine whether it complies with the above statutory requirements and whether the land division will result in parcels that comply with the provisions of this chapter. The Commission shall recommend to the Village Board approval or denial of the map. If the division so complies and is approved by the Village Board, approval shall be stamped upon the survey map. A copy of this subsection shall be filed with the Register of Deeds so that recording of any lot splitting conveyance shall not be undertaken without the appropriate survey map being first filed.[2]
(2)
Land divisions of platted areas. No subdivided lot shall have its boundary line changed or any part fractionalized by adding to or subtracting therefrom without first having a certified survey map prepared in compliance with Ch. 236, Wis. Stats., and Village zoning provisions and submitted to the Clerk-Treasurer for approval by the Plan Commission and then the Village Board.[3]
(3)
Merger of parcels. All instruments of conveyance which involve the transfer of property ownership between adjoining property owners shall include language that clearly identifies the fact that the resulting premises shall, upon recording of the conveyance, thereafter be considered as one parcel or lot.
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 of a replat is filed, the Village Board 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 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.
D.
Where lots are more than double the minimum size required for the applicable zoning district, the Village Board 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 Village Board determines 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 Clerk-Treasurer who shall transmit this information to the appropriate commission(s), committee(s) and staff for review; the Village Clerk-Treasurer shall act as coordinator of the reports from staff to the Village Board on the adequacy of sanitary and storm sewers, fire service, law enforcement, 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 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 Village Clerk-Treasurer verifies to the Village Board that adequate funds, either public or private, are available to ensure the installation of all necessary stormwater management facilities.
(2)
The Director of Public Works can demonstrate to 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.
(4)
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 Village Board determines 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 Howards Grove 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 Howards Grove 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 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.[2]