Town of Lowell, WI Plat Review and Approval

Preliminary plat submission. Before submitting a final plat for approval, the subdivider shall prepare a preliminary plat and a letter of application. The subdivider shall submit 12 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 Town Clerk at least 15 days prior to the meeting of the Plan Commission at which action is desired. The Town Clerk shall submit a copy of the preliminary plat to the Plan Commission and to the Zoning Administrator and/or Town's designated engineer for review and written report of his/her recommendations and reactions to the proposed plat.

Certified survey maps. Certified survey maps shall be submitted and approved pursuant to § 250-17.

Public improvements, plans and specifications. Simultaneously with the filing of the preliminary plat of map, the owner shall file with the Town Clerk 12 complete sets of engineering reports, plans and specifications 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.

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 Town 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 Town Clerk. (Note: Deed restrictions and restrictive covenants in subdivisions are private contractual agreements and are not enforceable by the Town.)

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.

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 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

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

Area plan. Where the subdivider owns property adjacent to that which is being proposed for the subdivision, the Plan Commission and/or Town 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.

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.

Soil testing. It is a known fact that certain soils in the county have severe limitations that are difficult to overcome or that preclude their use for residential development either because of the inability of on-site sewerage systems to function properly and/or because of fluctuating or seasonable high water table or other reasons. The purpose of this requirement is to save the developer engineering costs should the subject areas be determined to be unsuitable for residential development. The data obtained is to assist the Town Board and Plan Commission in making determinations of land suitability. 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 § 250-7, the Town 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.

Referral to other agencies.

The Wisconsin Department of Safety and Professional Services and the Wisconsin Department of Transportation shall be hereinafter referred to as "objecting agencies." All other agencies mentioned, excepting the utility companies, shall hereafter be referred to as "approving agencies."

The subdivider, within two days of filing a preliminary plat with the Town, shall have one copy forwarded to each of the utility companies serving the area. This is to inform the utility companies that there is a pending development in the area. It shall be the responsibility of the subdivider and the utility companies to arrange for the services needed and their location within the plat.

Within two days of filing a preliminary plat with the Town, the subdivider or the subdivider's agent shall submit the original plat to the Department of Safety and Professional Services, 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 Town and Department of Safety and Professional Services. 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 45 days from the date of the receipt of copies of the 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.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

Drafting standards. The subdivider shall submit to the Town 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) 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), and 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.

§ 250-11 Preliminary plat review and approval.

Plan commission recommendation.

After review of the preliminary plat and negotiations with the subdivider on changes and the kind and extent of public improvements which will be required, the Plan Commission shall recommend to the Town Board disapproval, approval or conditional approval of the preliminary plat within 40 days of the filing date. [Note: § 236.11(1)(a), Wis. Stats., states that extensions of time or a decision to hold a matter in abeyance may only be made by agreement between the subdivider and Town Board, not the Plan Commission.]

The Town Clerk shall give notice of the Plan Commission's review of the preliminary plat or certified survey by listing it as an agenda item in the Commission's meeting notice published in the official Town newspaper. The notice shall include the name of the applicant, the address of the property in question and the requested action.

At its option, the Town Board may also refer proposed certified survey maps to the Plan Commission for an advisory recommendation.

Board review; public hearing. 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 meeting notice published in the official Town 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.

Board action. After receipt of the Plan Commission's recommendation, 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 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 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 subdivider the action of the Town Board. If the plat is approved, the Town Clerk shall endorse it for the Town Board.

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 six 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 Plan Commission and Town 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 Town Board, of such scope as to constitute a new plat, in which such case it shall be refiled.

§ 250-12 Final plat review and approval.

Filing requirements.

The subdivider shall prepare a final plat and a letter of application in accordance with this chapter and shall file 12 copies of the plat and the application with the Town Clerk at least 15 days prior to the meeting of the Plan Commission at which action is desired. The Town Clerk shall give notice of the Plan Commission's meeting in the manner prescribed in § 250-11A(2). The owner or subdivider shall file eight copies of the final plat not later than six 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 Town. 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 Town Attorney may require showing title or control in the applicant.

Following filing of a final plat with the Town Clerk, the subdivider shall within two days forward copies of the plat to the approving and objecting authorities. The required number of copies shall be made at the subdivider's expense. Within 20 days of the date of receiving the copies of the plat, any objecting agency 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. If there are no objections, it shall so certify on the face of a copy and return that copy to the Department of Administration, Division of Intergovernmental Relations, Plat Review Program. After each agency and the Department of Administration, Division of Intergovernmental Relations, Plat Review Program have certified that they have no objection or that their objections have been satisfied, the Department of Administration, Division of Intergovernmental Relations, Plat Review Program shall so certify on the face of the plat. If an agency fails to act within 20 days from the date of receipt of copies of the plat, and the Department of Administration, Division of Intergovernmental Relations, Plat Review Program fails to act within 30 days of receipt of the original plat, it shall be deemed that there are no objections to the plant and, upon demand, it shall be certified on the face of the plat by the Department.

[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]

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)

Simultaneously with the filing of the final plat or map, the owner shall file with the Town Clerk six copies of the final plans and specifications of public improvements required by this chapter.

(5)

The Town Clerk shall refer two copies of the final plat to the Plan Commission, one copy to the Town 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 Town Attorney for his/her examination and report. The Town Clerk shall also refer the final plans and specifications of public improvements to the Town Engineer for review. The recommendations of the Plan Commission and Town Engineer shall be made within 30 days of the filing of the final plat. The Town Engineer shall examine the plat or map and 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 or map or the plans and specifications are not satisfactory, the Town 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 and Comprehensive Plan components which may affect it and shall recommend approval, conditional approval or rejection of the plat to the Town Board.

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

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

Board review and approval.

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