All proposed subdivisions not already on record in the office
of the Register of Deeds at the effective date of the original adoption
of the regulations of this chapter shall be reviewed and approved
or denied by the Village Board as provided herein.
A.
Consultation.
(1)
It is recommended that, prior to filing of a preliminary application
for the approval of a land division, the subdivider consult the Plan
Commission in order to obtain an understanding of the procedures,
regulations, county and local planning and other pertinent information
which may help him secure approval of his application. This consultation
is neither formal nor mandatory but is intended to help the subdivider
and Plan Commission reach mutual conclusions regarding the general
objectives of the proposed development and its possible effects on
the neighborhood and the community.
(2)
Prior to seeking approval of the preliminary subdivision, the subdivider shall coordinate his preliminary plan with the utility companies as to layout and schedule of installation. A letter from the utility companies is required as proof of consultation in § 364-15F(3) for tentative approval of the preliminary subdivision.
B.
Letter of intent (application). The subdivider shall submit to the
Board an original and six copies of a letter of intent. The letter
of intent or application shall specify:
(1)
The name, address, and owner of the property under consideration;
(2)
The name and address of the surveyor and/or contractor, broker, who
may be working on the development;
(3)
The location of the property;
(4)
The present use of the land;
(5)
The intended future use of this land; and
(6)
The estimated time table of development.
(7)
If monies in lieu of land dedication are agreed to by the Board,
then the last official equalized value of the required land area and
the percentage of full value used by the Village Board to calculate
the tax be included.
C.
Sketch map (outside floodplain areas).
(1)
Accompanying the letter of intent, for areas outside the floodplain,
the subdivider shall submit six copies of a sketch map at a scale
of one inch equals 80 feet or other appropriate scale. More than one
sketch map may be used to show the required information but each map
shall be at the same scale and on paper of sufficient transparency
to be used as an overlay.
(2)
Each map shall be of all the contiguously owned land by subdivider,
including the area intended for immediate certified survey, platting,
sale or development, except a preliminary layout plan need not include
more than 20 times the area of the intended final subdivision. The
preliminary layout plan shall be as nearly square as practical.
(3)
This sketch map shall show the following information:
(a)
The name and address of the owner of the property, his developer,
broker or promoter;
(b)
The address of the property shown on the map;
(c)
Title of the map;
(d)
The North arrow, scale and date;
(e)
The boundaries of all the contiguous property owned by the subdivider
which included the area being considered for subdivision;
(f)
Existing zoning on and adjacent to the proposed subdivision;
(g)
Soil conditions, type by SCS number, wet areas, rock outcroppings
and areas with slopes of over 12%;
(h)
Contour maps with a two- or five-foot interval, as appropriate,
shall be required for the area intended for the final subdivision
if a road is required or five or more lots are involved; otherwise,
United States Geological Survey 7 1/2 minute series contour maps
information shall be used;
(i)
Location, size and invert elevation of any existing sanitary
or storm sewers, culverts and drain pipes, the location of manholes,
catch basins, hydrants, power and telephone facilities, and the location
and size of any existing water and gas mains within the exterior boundaries
of the plat or immediately adjacent thereto, and if no sewers or water
mains are located on or immediately adjacent to the tract, the nearest
such sewer or water main which might be extended to serve the tract
shall be indicated by their direction and distance from the tract,
size, and invert elevations;
(j)
The location of existing buildings, water wells or sewerage
systems;
(k)
The uses of the land adjacent to the property owned by the subdivider
and the existing roads, easements of record, public access to navigable
waters, dedicated areas, community facilities and utilities and existing
buildings, roads, sidewalks in the proposed subdivision;
(l)
A general layout showing proposed lot or lots, and lot dimensions
in feet, park areas in feet or acres and all lots shall be numbered
for reference;
(m)
The location of proposed easements for utilities, drainageways,
pedestrianways, etc.; and
(n)
Any proposed lake and stream improvement or relocation.
D.
Floodplain areas. The Board may require that two-foot contour maps prepared by a professional land surveyor or engineer, be the basis of the preliminary subdivision review in the floodplain areas. In addition to this, the information required in § 364-15C will also be required.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
F.
Tentative approval.
(1)
The approving agency is the Village Board, which shall act upon the
recommendation of the Plan Commission. Reviewing agencies include
the County Planning and Zoning Committee, Highway, Park and Conservation
Commission and Health Committee.
(2)
Plats. It is recommended that the subdivider submit the preliminary
plat plan to the State Development to Department of Administration
for review in order to avoid expensive revisions and delays on the
final plat.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
(3)
The Board may grant tentative approval based on the letter of intent
and sketch map pending submission of the certified map or final plat
and letter showing consultation with the utility companies has taken
place. Tentative approval shall assure final approval if the certified
survey or final plat are substantially the same plan and the state
has no objections.
(4)
If there is additional data at the subdivider's disposal, it
may be included to help the evaluation of his proposal. The additional
documentation shall be written.
(5)
The Board may require the subdivider to alter his plan based on his letter of intent, sketch map or additional data pursuant to § 364-18.
(6)
Action. The Board shall act on the preliminary subdivision application
within 90 days after it is submitted in accordance with § 236.11,
Wis. Stats. Failure to act shall imply approval.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
A.
Aliquot part description.
(1)
In the case of a lot or lots which can be severally described by aliquot part description, the Board may waive the certified survey map requirement of § 364-16B and may give final approval based on the letter of intent and sketch map.
(2)
Where certified survey map requirements have been waived, evidence
shall be provided in the form of a plat of survey, prepared by a professional
land surveyor, and conforming to Section A-E 5.01, Minimum Standards
for Property Surveys, of the State of Wisconsin Administrative Code.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
(3)
In no case shall a parcel resulting in a land division be in nonconformance
with the requirements of this chapter.
B.
Certified survey map or plat.
(1)
A certified survey map shall be required for a subdivision not requiring a plat or where an aliquot part description is not permitted as per § 364-16A.
(2)
A plat shall be required as defined in Chapter 236 of the Wisconsin
Statutes.
(3)
The land divider may plat or map by certified survey all or only part of the area required in § 364-15C.
(4)
The certified survey map must be submitted within 12 months after
the tentative approval was granted on the preliminary subdivision
to qualify the certified survey map for final review by the Board.
The final plat must be submitted within 36 months after the tentative
approval was granted on the preliminary subdivision to qualify the
plat for final review by the Board.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
(5)
The sketch map or agreed upon revised version of that map, the letter of intent, documents, studies and conditions as agreed on with the Committee listed in § 364-15 shall be submitted along with the certified survey map or final plat.
(6)
The certified survey map or plat shall show correctly on its face,
in addition to that required by § 236.20, Wis. Stats., the
following:
(a)
Railroad right-of-way easements along, within, and abutting
the map or plat;
(b)
All lands reserved for future public acquisition or reserved
for the common use of property owners within the area;
(c)
Special restrictions required by the Board related to access
control along public ways or to the provisions of the planting strip;
and
(d)
Proposed utility easements shall be identified with the notation
"U.E."
C.
Final review. The Board may require field checks for the accuracy
of survey, proper kind and location of monuments, legality and completeness
of the drawings, and may check and compare the certified survey map
or final plat with the preliminary subdivision which received tentative
approval.
D.
Approving and reviewing agencies.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
(1)
The approving agency is the Village Board, which shall act upon the
recommendation of the Plan Commission. The Development to Department
of Administration shall be an approving agency for subdivisions requiring
platting.
(2)
Reviewing agencies include the County Planning and Zoning Committee,
for plats as per § 236.12(2)(b), Wis. Stats. The objecting
agencies for a subdivision requiring platting are the State Department
of Transportation and, where no public sewers are provided, the Department
of Safety and Professional Services.
E.
Approval or denial.
(1)
The Board shall approve the certified survey map or plat if it conforms substantially to the tentatively approved preliminary maps and supporting documents required by § 364-15 or if conditional approval is granted, the conditions shall be made a part of the written record.
(2)
If the Board denies approval, the reasons for this denial shall be
put on written record and forwarded to the land divider or his agent.
(3)
The Board shall take action on the certified survey map within 90
days after the date of the last final approval. The Board shall take
action on the plat within 60 days after the date of the last final
approval.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
(4)
If the Board fails to act within the time frames provided in Subsection E(3) and the time has not been extended by agreement, and if no unsatisfied objections have been filed within that period, the final subdivision application shall be deemed approved.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
F.
The approved certified survey shall be recorded in the Register of
Deeds office within 12 months of last approval and 36 months of first
approval. The plat shall be recorded in the Register of Deeds office
within 12 months after the date of the last approval of the plat and
within 36 months after the first approval.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. III)]
When it is proposed to replat or recertify survey 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 or recertify shall vacate or alter the recorded plat as provided in §§ 236.36 through 236.44, Wis. Stats. The subdivider, or person wishing to replat, shall then proceed as specified in § 364-15.[1]
[1]
Editor's Note: Original Subsection (b), Hearing, which
immediately followed this section, was repealed 8-1-1996.
The Board may require the following documents, studies or conditions
in order to adequately review the preliminary or final subdivision
before approval:
A.
Documents. The Board shall require the following documents as a condition
of approval for a certified survey application or final plat:
(1)
Owner's certificate.
(a)
A certificate by the owner of the land in substantially the
following form: "As owner, I hereby certify that I caused the land
described in this application to be surveyed, divided, and dedicated
as represented in this application and the accompanying documents."
This certificate shall be signed by the owner, his wife and all persons
having an interest in the fee of record or being in possession and,
if the land is mortgaged, by the mortgagee of record.
(b)
The signatures shall be acknowledged in accordance with § 706.07,
Wis. Stats. The Committee may require that the owner or equitable
owner furnish an abstract of title, certified to date of submission,
for approval, or, at the option of the owner, a policy of title insurance
or certificate of title from an abstract company for examination in
order to ascertain whether all parties in interest have signed the
owner's certificate of the subdivision.
(2)
Certificate of taxes paid. A certificate of Clerk or Treasurer of
the municipality and of the county in which the planned subdivision
lies, stating that there are no unpaid taxes or unpaid special assessments
on any of the land included in the final subdivision.
(3)
Covenants and restrictive deeds. The Board shall require submission
of a draft of prospective covenants whereby the subdivider intends
to regulate land use in the proposed subdivision and otherwise protect
the proposed development. No covenant shall violate the common law
of the State of Wisconsin or this chapter.
B.
Studies. The Board may require additional studies as a condition
of approval for a certified survey application or preliminary plat.
(1)
Soil testing. The Board may require that borings and soundings be
made in specific areas to ascertain surface soil, or rock and water
conditions, including depth to bedrock and depth to groundwater tables.
The results of these studies shall be in writing.
(2)
Contour maps. Outside the floodplain areas, the Board shall require
contour maps with suitable intervals of two feet for the area intended
for final subdivision approval if road dedication is required, or
where there are five or more lots, or where topographical conditions
make contour maps necessary for arrival at a reasonable understanding
for drainage and access problems.
(3)
Street plans and profiles. The Board may require that the subdivider
provide street plans and profiles showing existing ground surface,
proposed and established grades, including extension for a reasonable
distance beyond the limits of the proposed subdivision when requested.
All elevations shall be based on United States Geological Survey datum
and plans and profiles shall meet the approval of the Board.
A.
Dedication as a condition for approval. The Board shall require the
dedication of land or monies in lieu of land for parks or schools.
B.
Formula.
(1)
The Board shall require not more than 5% of any final subdivision
be dedicated as a condition of approval.
(2)
The Board shall determine whether the dedication of land or monies
in lieu thereof will better serve the public interest.
(3)
Where monies in lieu of land are to be dedicated, the amount of monies
shall be based on the last official equalized value of the required
land area before final subdivision approval.
C.
Specifications for dedicated land.
(1)
Unity. The dedicated land shall form a single parcel of land except
where the Board determines that two parcels or more would be in the
public interest and determines that a connecting path or strip of
land is in the public interest, and in which case, the path shall
not be less than 30 feet wide.
(2)
Shape. The shape of the dedicated parcel of land shall be sufficiently
square or round to be usable for recreational activities, such as
softball, tennis, croquet, etc.
(3)
Location. The dedicated land shall be located as to serve the recreation
and open space needs of the subdivision for which the dedication was
made.
(4)
Access. Public access to the dedicated land shall be provided either
by joining a street frontage or public easement to the dedicated parcel.
The easement shall be sufficiently wide so that maintenance equipment
will have reasonably convenient access to the land.
(5)
Usableness. The dedicated land shall be usable for recreation. Swampy
land may be considered usable for recreational purposes. Where the
Board determines that the recreational needs are being adequately
met, either by other dedicated parcels of land or existing recreational
facilities, then land that is not usable for recreation may be dedicated
as open space.
(6)
Plans. Municipal and county plans shall be taken into consideration
when evaluating land proposals for dedication.
D.
Allocation of monies in lieu of dedicated land.
(1)
When receiving monies in lieu of dedicated land, the Board shall
hold these monies in a reserve to be used for purchasing land for
schools and/or for the purchase of land for parks.
(2)
Where possible, these monies shall be spent to fill the needs of
the subdivision which generated the monies. However, where such a
practice could result in insufficient funds for any one improvement,
then a set of priorities shall be established. These priorities shall
rank order the planned acquisitions. Each project or land acquisition
shall be identified by the general area it is to serve. Each subdivision
contributing to the general reserve fund shall be shown as planned
to be benefited by one of the projects in the list of priorities unless
that subdivision is already adequately served.
If streets are required, the subdivider shall dedicate land
for and improve public streets.
The Board may require dedication of easements for utilities,
drainageways and scenic purposes.
If the subdivider chooses to establish a property owners'
association, the Board shall require the following:
A.
Formula.
(2)
In the case of planned unit development, as defined in § 364-32, the subdivider shall dedicate according to the formula in § 364-19B, but not less than a half acre for open space land, whichever is larger, plus a square foot for every square foot that the sizes of the lots are reduced below the minimum requirement of 9,000 square foot lots.
B.
Property owner's association.
(1)
Contract. The Board shall require the subdivider to establish a compulsory
property owners' association or other suitable method of owning
and maintaining property with a contract containing the specifications
as required by the Board.
(2)
Option for public acquisition. The property owners' association
may be discontinued if:
(a)
The municipality having jurisdiction agrees to accepting the
open space and recreation areas; or
(b)
An arrangement is worked out which will assure the municipality
that the original density of the subdivision will not be increased
by building homes or other buildings not associated with recreation
on the open space or association's parks.
(4)
The Board shall require that the sale of each lot include a covenant
requiring the property owner to belong to the property owner's
association.
