Before filing a preliminary plat or certified survey, the subdivider
is encouraged to consult with the Town Board (and Plan Commission
and/or Park Commission, if created and so authorized by the Town Board)
and the Jefferson County Zoning Administrator and County Planning
Office for advice regarding general subdivision requirements. Information
on meeting dates, agenda deadlines and filing requirements may be
obtained from the Town Clerk. 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 Town 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 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 Town 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 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.
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 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.)
D.
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.
E.
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
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.
F.
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.
G.
Soil testing. 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 § 490-8, 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 ground water table.
H.
Referral to other agencies.
(1)
The subdivider shall, within two days after filing, transmit two
copies to the appropriate sanitary district, four 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 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.
[Amended 3-13-2019 by Ord. No. 1]
(2)
In lieu of the procedure under Subsection H(1), 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. 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.
[Amended 3-13-2019 by Ord. No. 1]
(3)
Within 20 days of the date of receiving the copies of the plat, any state or county agency having authority to object under Subsection H(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. Sanitary or utility districts within the Town may file objections with the Plan Commission or Town Board at any time prior to, and including, the Board's public hearing on the land division.
I.
Drafting standards. The subdivider shall submit to the Town Clerk
and to those agencies having the authority to object to plats under
provisions in Ch. 236 of the Wis. Stats. copies of a preliminary plat
(or certified survey) based upon an accurate exterior boundary survey
by a registered 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 recommendation.
(2)
After review of the preliminary plat or certified survey map 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 or certified survey 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 of the subdivider and Town Board, not
the Plan Commission.]
(3)
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.
B.
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 or certified survey 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.
C.
Development agreement. Prior to approval of the preliminary plat, the subdivider shall submit, for the Town Board's approval, a development contract that addresses issues such as, but not limited to, drainage, road access, etc. The development agreement should preferably be submitted as part of the preliminary consultation. (See also § 490-20.)
D.
Board action. After receipt of the Plan Commission's recommendation,
the Town Board shall, within 90 days of the date the preliminary plat
was filed with the Town Clerk, approve, approve conditionally or reject
such preliminary 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 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. In reviewing the proposed land division, Town officials
may utilize the "Preliminary Check for Environmental Assessment of
Land Divisions," found in Appendix A.[1] The Town Clerk shall communicate to the subdivider the
action of the Town Board. If the plat or map is approved, the Town
Clerk shall endorse it for the Town Board.
[Amended 3-13-2019 by Ord. No. 1]
[1]
Editor's Note: Said appendix is included as an attachment
to this chapter.
E.
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.
F.
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 Town 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 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 § 490-12A(3). The owner or subdivider shall file eight 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 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.
[Amended 3-13-2019 by Ord. No. 1]
(2)
The subdivider shall, within two days after filing, transmit two
copies to the appropriate sanitary district, four 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 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.
[Amended 3-13-2019 by Ord. No. 1]
(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 Town Clerk 12 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 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 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.
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 Town 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 Town. If an objecting agency fails to act within 20 days,
it shall be deemed to have no objection to the plat.
[Amended 3-13-2019 by Ord. No. 1]
(3)
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.
[Amended 3-13-2019 by Ord. No. 1]
(4)
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.
The Plan Commission may hold the matter in abeyance if there is incomplete
or inadequate information.
C.
Board review and approval.
(1)
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 may not inscribe its approval on the final plat unless
the Town Clerk 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 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.
(3)
Failure of the Town 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.
(4)
After the final plat has been approved by the Town Board and required
improvements either installed or a contract and sureties insuring
their installation is filed, the Town Clerk 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 of last approval and 36 months of first
approval.
[Amended 3-13-2019 by Ord. No. 1]
(5)
The subdivider shall file eight copies of the final plat with the
Town Clerk for distribution to the approving agencies, affected sanitary
districts, and other affected agencies for their files.
D.
Partial platting. The final plat may, if permitted by the Town Board,
constitute only that portion of the approved preliminary plat which
the subdivider proposes to record at the time.
A.
General. The subdivider shall pay the Town all fees as hereinafter
required and at the times specified before being entitled to recording
of a plat or certified survey map.
B.
Engineering fee. The subdivider shall pay a fee equal to the actual
cost to the Town for all engineering work incurred by the Town in
connection with the plat or certified survey map, including inspections
required by the Town. The subdivider shall pay a fee equal to the
actual cost to the Town for such inspection as the Town Board deems
necessary to assure that the construction of the required improvements
is in compliance with the plans, specifications and ordinances of
the Town or any other governmental authority.
C.
Administrative fee. The subdivider shall pay a fee equal to the cost
of any legal, administrative or fiscal work which may be undertaken
by the Town in connection with the plat or certified survey map.
E.
Preliminary plat review fee.
(1)
The subdivider shall pay a fee in an amount set forth in the Fee
Schedule adopted by the Town Board plus an additional fee for each
dwelling unit within the preliminary plat or certified survey map
to the Town Clerk at the time of first application for approval of
any preliminary plats or certified survey maps to assist in defraying
the cost of review, as set forth in the Town Fee Schedule.
[Amended 3-13-2019 by Ord. No. 1]
(2)
A reapplication fee in an amount set forth in the Fee Schedule adopted
by the Town Board shall be paid to the Town Clerk at the time of reapplication
for approval of any preliminary plat which has previously been reviewed.
F.
Final plat review fee.
(1)
The subdivider shall pay a fee in an amount set forth in the Fee
Schedule adopted by the Town Board plus an additional fee for each
dwelling unit within the final plat to the Town Clerk at the time
of first application for final plat approval of said plat to assist
in defraying the cost of review, as set forth in the Town Fee Schedule.
[Amended 3-13-2019 by Ord. No. 1]
(2)
A reapplication fee in an amount set forth in the Fee Schedule adopted
by the Town Board shall be paid to the Town Clerk at the time of a
reapplication for approval of any final plat which has previously
been reviewed.
G.
Fee schedule. The amount of all fees referenced herein will be set
forth in a Fee Schedule adopted by resolution of the Town Board. The
Fee Schedule may be adopted and amended pursuant to resolution of
the Town Board without amending this section.
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 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 Wis. Stats. The subdivider or person wishing to replat shall
then proceed, using the procedures for preliminary and final plats.
B.
The Town Clerk shall schedule a public hearing before the Plan Commission
when a preliminary plat of a replat of lands within the Town is filed,
and shall cause notices of the proposed replat and public hearing
to be mailed 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 exterior boundaries of the proposed
replat.
C.
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 the chapter.
