Article IV Plat Review and Approval

All items and documents required by this section must be submitted to the Town Clerk before the time requirements for review of land divisions will legally commence. The land divider shall, following technical review and preliminary consultation with the Plan Commission, submit five copies of the preliminary plat and an accompanying letter of submission. These shall be submitted after other state and local agencies as required by state statutes, Wisconsin Administrative Code and Register, Green County ordinances or Town of New Glarus ordinances, have reviewed and approved or denied the preliminary plat.

The Town Clerk shall submit a copy of the preliminary plat to the Town Engineer and Attorney for review and comment. The Town Engineer and Attorney shall prepare and submit to the Plan Commission a written report regarding the review of the preliminary plat. The report shall include observations and recommendations regarding the preliminary plat.

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 the surveyor has fully complied with all provisions of this chapter.

Supplementary data to be filed with preliminary plat. The following shall also be filed with the preliminary plat:

Use statement. A statement of the proposed use of the lots, stating the type of residential buildings, with the number of proposed dwelling units, and types of business or industry so as to reveal the effect of the development on traffic, fire hazards, police services and congestion of population;

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

Area plan. Where the land divider owns property adjacent to the property which is being proposed for the land division, the land divider shall submit a concept plan for the remainder of the property so as to show the possible relationships between the proposed land division and future land divisions; all land divisions must be shown to be compatible with and to be consistent with existing or potential adjacent land divisions;

Adjacent land divisions. A record of any adjacent land divisions made within the last five years; and

Aerial view of property, topographic map of site(s), drawing of property showing the location of proposed driveways, building envelopes, open space, septic fields and underground utilities.

(6)

If land division is within the Village of New Glarus ETZ the following plans need to be identified: municipal sewer and water which could be included in a municipal sanitary district; electrical, telephone, natural gas (as available) and wi-fi which could be included in a municipal utility district. See Appendix D, CDA Planning Area Map.[1]

[Amended 12-9-2020]

[1]

Editor's Note: Said appendix is on file in the Town offices.

Soil testing. The land divider shall provide a preliminary soils report, listing the types of soils in the proposed land division, their effect on the land division and a proposed soil testing and investigation program. A Soil Conservation Service map would meet the requirements of this subsection. Pursuant to the public policy concerns prescribed in § 110-7, the Town Board may require that borings and soundings be made in specific areas to ascertain subsurface soil, rock and water conditions, including depth of bedrock and depth to the groundwater.

Environmental assessment and evaluation. The purpose of the environmental assessment and evaluation is to provide the basis for an orderly, systematic review of the effects of the proposed land division upon the community environment in accordance with the principles and procedures of § 236.45(1), Wis. Stats. The goals of the community are to eliminate pollution and siltation or reduce them to acceptable standards; 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 Town Board shall review, as part of the analysis and evaluation of the preliminary plat, any environmental assessment reports, together with such supporting data and information as the Town Board may require for determining the suitability of the proposed land division and subsequent development.

Referral to other agencies.

The land divider shall, following technical review and preliminary consultation with the Plan Commission, submit copies of the preliminary plat and a letter of submission to other state and local agencies as required by state statutes, Wisconsin Administrative Code and Register, Green County ordinances or Town of New Glarus ordinances.

§ 110-13 Preliminary plat review and approval.

Within 10 days of the date of receiving the copies of the plat, any state or county agency having authority to object under Subsection F(1) above shall notify the land divider and all approving or objecting authorities of any objection based upon the failure of the plat to comply with 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 land division shall not be approved or deemed approved until any objections have been satisfied. If the objecting agency fails to act within the ten-day limit, it shall be deemed to have no objection to the plat. Sanitary districts within the Town may file objections with the Town Board at any time prior to, and including, the Town Board' s public hearing on the land division.

Drafting standards. The land divider shall submit to the Town Clerk and to those agencies having the authority to object to plats under provisions in Ch. 236, Wis. Stats., copies of a preliminary plat based upon an accurate exterior boundary survey by a registered land surveyor which shall show clearly the proposed subdivision at a scale of no less detail 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) and easements which the land divider proposes to make and shall indicate by accompanying letter when the improvements will be provided.

Town Board review; public hearing.

After the preliminary consultation and following an initial review of the preliminary plat by the Plan Commission, the Plan Commission shall submit its written recommendations to the Town Board within 20 days of its review of the preliminary plat. The Town Board shall schedule a public hearing on the preliminary plat. Such public hearing shall be held within 60 days of the initial review of the preliminary plat by the Plan Commission. (Note: An extension of time or a decision to hold the matter in abeyance may only be made by written agreement of the landowner and the Town Board.)

The Town Clerk shall schedule a public hearing on the preliminary plat before the Town Board. The Town Clerk shall give notice of the Town Board's review and public hearing on the preliminary plat by listing it as an agenda item in the Board's posted meeting notice. The applicant shall also be notified in writing. The meeting notice shall include the name of the applicant, the address of the property in question and the requested action. Abutting property owners and property owners within 600 feet of the applicant's total parcel shall receive written notice of the public hearing.

Town Board action. The Town Board shall, within 90 days of the date the plat was filed with the Town Clerk, approve, approve conditionally or reject such plat or survey map and shall state, in writing, any conditions of approval or reasons for rejection, unless the time is extended by agreement with the land divider. Failure of the Town 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 Town Clerk shall communicate to the land divider the action of the Town Board. If the plat or map is approved, the Town Clerk shall endorse it for the Town Board.

Determination of adequacy of public facilities and services.

A preliminary plat or final plat shall not be approved unless the Sanitary District Commission (if appropriate) and the Town Board determine that adequate public facilities and public services are available to meet the needs of the proposed land division and that no public funds, other than those already provided in an adopted capital budget or operating budget, are required.

The applicant shall furnish any data requested by the Town Board or its designee to the Town Clerk, who shall transmit this information to the appropriate Town commission(s) and committee(s) for review and shall act as coordinator for their reports to the Sanitary District Commission and the Town Board on the adequacy of water, sanitary and storm sewers, fire service, police, parks and open space and recreational facilities, transportation facilities and schools.

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

(a)

The Town Board or its designee and the appropriate committee(s) certify that adequate funds, either public or private, are available to ensure the installation of all necessary stormwater management facilities.

(b)

The future residents of the proposed subdivision can be assured park, recreation and open space facilities and services.

(c)

The appropriate Sheriff's Department, Emergency Medical Service and Fire District verify that timely and adequate service can be provided to the residents of the proposed subdivision.

(d)

The proposed land division is accessible by existing all-weather roads, whether publicly or privately maintained, adequate to accommodate both existing traffic and that traffic to be generated by the proposed land division or necessary additional roads and road improvements are budgeted in the current adopted budget for construction with public or private financing.

The appropriate school district should be provided an opportunity to review and comment regarding the impact of the proposed subdivision on school facilities and programs.

§ 110-14 Final plat review and approval.

Where the Town 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.

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 with respect to such layout. 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 Town Board at the time of its submission.

The Town's engineering firm or designee shall review all final plats and provide their conclusion, either written or verbal, to the Town Board as to whether the final plat conforms substantially to the preliminary plat and give their recommendation as to whether or not the final plat should be approved. Their conclusions and recommendation shall be made a part of the record of the proceeding at which the final plat is being considered.

Should the land divider desire to amend the preliminary plat as approved, the land divider may resubmit the amended plat, which shall follow the same procedure, except for the fee, unless the amendment is, in the opinion of the Plan Commission, of such scope as to constitute a new plat, in which case it shall be refiled.

Filing requirements.

The land divider shall prepare a final plat and letter of application in accordance with this chapter and shall file five copies of the final plat and the application with the Town Clerk. The land divider shall file the final plat with the Town Clerk not later than 36 months after the date of approval of the preliminary plat; otherwise, the preliminary plat and the final plat will be considered void, unless an extension is granted in writing to the land divider and for good cause as determined in the sole judgment of the Town Board. The land divider shall also submit with the final plat a certificate of ownership as required by § 236.21(2), Wis. Stats., or registered property report and such other evidence as the Town Board or Town Attorney may require showing title or control in the applicant.

Three copies of a draft of the legal instruments and rules for the proposed property owners' association, when the land divider proposes that common property within a land division be either owned or maintained by such an organization of property owners or a subunit of the Town pursuant to § 236.293, Wis. Stats., and proposed deed restrictions and/or restrictive covenants shall be submitted at the time of filing of the final plat with the Town Clerk. (Note: Deed restrictions and restrictive covenants in subdivisions may be private contractual agreements not enforceable by the Town.)

The land divider shall, within five days after filing of the preliminary plat and letter of application, transmit copies of the preliminary plat to other state and local agencies as required by state statutes, Wisconsin Administrative Code, Green County ordinances or Town of New Glarus ordinances and such other copies as may be required to be transmitted.

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 as provided by § 236.12(2), Wis. Stats.

Public improvements, plans and specifications. Simultaneously with the filing of the preliminary plat, the land divider shall file with the Town Clerk three complete sets of engineering reports, plans and specifications for the construction of any public improvements required by this chapter, specifically addressing drainage facilities, traffic patterns, typical street cross sections, erosion control plans, pavement design and other improvements necessary in the land division.

(6)

The Town Clerk shall refer two copies to the Town Engineer. The abstract of title or registered property report shall be referred to the Town Attorney for examination and report. The Town Clerk shall also refer the final plans and specifications of public improvements to the Town Engineer for review. The Town Engineer shall examine the final plat or map and final plans and specifications of public improvements for technical details and, if the Town Engineer finds them satisfactory, shall so certify in writing to the Town Board. If the final plat or map or plans and specifications of public improvements are not satisfactory, the Town Engineer shall return them to the land divider and advise the Town Board, in writing, as to the items which are not satisfactory.

(7)

Street plans and profiles. The land divider shall provide plans showing existing ground surface, and proposed and established street grades, including extensions for a reasonable distance beyond the limits of the proposed land division when requested by the Town Board or the Town Engineer.

Town Board review and approval.

Within 20 days of the date of receiving the copies of the final plat, any state or county agency having authority to object above shall notify the land divider and all approving or objecting authorities of any objection based upon the failure of the final plat to comply with 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 final plat and return that copy to the approving authority from which it was received. The land division 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 final plat.

If the final plat is not submitted within 36 months of the last required approval of the preliminary plat, the Town Board may refuse to approve the final plat.

The Town Board shall, within 60 days of the date of filing the original final plat with the Town Clerk, approve or reject such final plat unless the time is extended by written agreement with the land divider. If the final plat is rejected, the reasons shall be stated in the minutes of the Town Board meeting and a written statement of the reasons shall be forwarded to the land divider. The Town Board may not inscribe its approval on the final plat unless the Town Clerk certifies on the face of the final plat that the copies were forwarded to the objecting agencies as required herein, the date thereof and that no objections have been filed within 20 days or, if filed, such objections have been corrected and all conditions have been met.

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