Village of Winneconne, WI Article III Plat Review and Approval

§ 565-12 Submission of preliminary plat.

A. Submission. Before submitting a final plat for approval, the developer shall prepare a preliminary plat and a letter of application. The developer shall submit 20 copies of the preliminary plat. The preliminary plat shall be prepared in accordance with this chapter, and the developer shall file copies of the plat and the application as required by this section with the Village Clerk-Treasurer at least 10 days prior to the meeting of the Plan Commission at which consideration is desired. The Village Clerk-Treasurer shall submit a copy of the preliminary plat to the Plan Commission and to the Village Engineer and Village Attorney for review and written report of their recommendations and reactions to the proposed plat. An abstract of title or registered property report may be requested at this time by the Village Attorney for his/her examination and report.

B. Public improvements; plans and specifications. Simultaneously with the filing of the preliminary plat, the owner shall file with the Village Clerk-Treasurer a report addressing sewer and water service feasibility, drainage facilities and center line profiles showing streets in the subdivision.

C. Property owners' association; restrictive covenants (deed restrictions). A draft of the legal instruments and rules for proposed property owners' associations, when the developer proposes that common property within a subdivision would be either owned or maintained by such an organization of property owners 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. 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/she 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.

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

F. Street plans and profiles. The developer shall provide general 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. A plan for street lamp design and installation shall also be filed with the Village, including an installation timetable (see § 565-31).

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

G. Soil testing. If requested by the Village Engineer, the developer shall be required to 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 § 565-8, the Village 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, pursuant to § 565-14.

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

H. Drafting standards. The developer shall submit to the Village Clerk-Treasurer 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), easements which the developer proposes to make and shall indicate by accompanying letter when the improvements will be provided.

§ 565-13 Preliminary plat review and approval.

A. Referral to other agencies.

(1) The developer shall, within two days after filing with the Village, transmit four copies to the County Planning Agency, two copies to the Wisconsin Department of Administration, Trade and Consumer Protection, additional copies to the Director of the Planning Function 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. The County Planning Agency, the Wisconsin Department of Agriculture, Trade and Consumer Protection, the Wisconsin Department of Transportation and the Wisconsin Department of Safety and Professional Services shall be hereinafter referred to as objecting agencies. The developer shall provide written verification to the Village that these submittals have been made.

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

(2) The Village Clerk-Treasurer shall also transmit two copies of the preliminary plat to the Village Plan Commission and additional copies to utilities and all affected Village committees, commissions or departments for their review and recommendations concerning matters within their jurisdiction. The recommendations of Village Boards, commissions, and departments shall be transmitted to the Village Plan Commission within 30 days from the date the preliminary plat is filed. The preliminary plat shall then be reviewed by the Plan Commission for conformance with this chapter and all ordinances, rules, regulations, Comprehensive Plans and Comprehensive Plan components, and neighborhood plans.

B. Objecting agency response. Within 20 days of the date of receiving the copies of the plat, any state or county agency having authority to object under Subsection A(1) above shall notify the developer 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, except that the Department of Administration shall have 30 days in which to act, 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 or the Department of Administration fails to act with 30 days, it shall be deemed to have no objection to the plat.

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

C. Advisory Plan Commission review. After review of the preliminary plat and negotiations with the developer on changes deemed advisable and the kind and extent of public improvements which will be required, the Plan Commission shall, within 60 days of the date the plat was filed with the Village Clerk-Treasurer, make a recommendation to approve, approve conditionally or reject such plat.

D. Plan Commission review shall state, in writing, any conditions of approval or reasons for rejection. The Plan Commission may obtain an extension of time from the developer by which the Plan Commission must act on said plat from the developer. (This procedure is recommended in those cases where objections are made to the layout, design or similar aspects of said preliminary plat and there is insufficient time in which said corrections may be made by the developer and resubmitted to the Plan Commission for action.) The developer shall be notified, in writing, of any conditions for approval or the reasons for rejection. The recommendations of the Plan Commission shall be submitted to the Village Board for approval.

E. Board action. After receipt of the Plan Commission's recommendations, the Village Board shall, within 90 days of the date the 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 developer. 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 developer the action of the Village Board. If the preliminary plat is approved, the Village Clerk-Treasurer shall endorse it for the Village Board.

F. 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. Conditional approval may be granted subject to satisfactory compliance with pertinent provisions of this chapter and Ch. 236, Wis. Stats. 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 Village Board at the time of its submission.

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

G. Preliminary plat amendment. Should the developer 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 Village Board, of such scope as to constitute a new plat, in which such case it shall be refiled.

§ 565-14 Technical requirements for preliminary plats.

A. General. A preliminary plat shall be required for all subdivisions and shall be based upon a survey by a professional land surveyor and the plat prepared on Mylar or paper of good quality at a scale of not more than 100 feet to the inch and shall show correctly on its face the following information:

(1) Title under which the proposed subdivision is to be recorded, which name shall not duplicate or be alike in pronunciation of the name of any plat heretofore recorded in the Village unless considered an addition to the subdivision.

(2) Legal description/location of the proposed subdivision by government lot, quarter section, township, range, county and state.

(3) Date, scale and reference North indicator.

(4) Names, telephone numbers, and addresses of the owner and any agent having control of the land, engineer, developer, land surveyor preparing the plat.

(5) Entire area contiguous to the proposed plat owned or controlled by the developer may be required by the Plan Commission and/or Village Board to be included on the preliminary plat even though only a portion of said area is proposed for immediate development. Where a developer owns or controls adjacent lands in addition to those proposed for development at that time, he/she shall submit a concept plan for the development of the adjacent lands showing streets, utilities, zoning districts and other information as may affect the review of the preliminary plat in question. The Village Board, upon the recommendation of the Village Engineer, may waive these requirements where adjacent development patterns have already been established or where severe hardship would result from strict application thereof.

B. Plat data. All preliminary plats shall show the following:

(1) Exact length and bearing of the exterior boundaries of the proposed subdivision referenced to a corner established in the United States Public Land Survey System and the total acreage encompassed thereby.

(2) Locations of all existing property boundary lines, structures, drives, streams and watercourses, marshes, rock outcrops, wooded areas, railroad tracks and other significant features within the, tract being subdivided or immediately adjacent thereto.

(3) Location, right-of-way width and names of all existing streets, alleys or other public ways, easements, railroad and utility rights-of-way and all section and quarter section lines within the exterior boundaries of the plat or immediately adjacent thereto.

(4) Location and names of any adjacent subdivisions, parks and cemeteries and owners of record of abutting unplatted lands.

(5) Type, width and elevation of any existing street pavements within the exterior boundaries of the plat or immediately adjacent thereto, together with any legally established center line elevations.

(6) Location, size and invert elevation of any existing sanitary or storm sewers, culverts and drain pipes, the location of manholes, catch basins, hydrants, electric and communication facilities, whether overhead or underground and the location and size of any existing water and gas mains within the exterior boundaries of the plat or immediately adjacent thereto. If no sewers or water mains are located on or immediately adjacent to the tract, the nearest such sewers or water mains which might be extended to serve the tract shall be indicated by the direction and distance from the tract, size and invert elevations.

(7) Corporate limit lines within the exterior boundaries of the plat or immediately adjacent thereto.

(8) Existing zoning on and adjacent to the proposed subdivision.

(9) Contours within the exterior boundaries of the plat and extending to the center line of adjacent public streets to National Map Accuracy Standards based upon mean sea level datum at vertical intervals of not more than two feet. At least two permanent bench marks shall be located in the immediate vicinity of the plat; the location of the bench marks shall be indicated on the plat, together with their elevations referenced to mean sea level datum and the monumentation of the bench marks clearly and completely described. Where, in the judgment of the Village Engineer, undue hardship would result because of the remoteness of the parcel from a mean sea level reference elevation, another datum may be used.

(10) High-water elevation of all ponds, streams, lakes, flowages and wetlands within the exterior boundaries of the plat or located within 100 feet therefrom.

(11) Water elevation of all ponds, streams, lakes, flowages and wetlands within the exterior boundaries of the plat or located within 100 feet therefrom at the date of the survey.

(12) Floodland and shoreland boundaries and the contour line lying a vertical distance of two feet above the elevation of the one-hundred-year recurrence interval flood or, where such data is not available, two feet above the elevation of the maximum flood of record within the exterior boundaries of the plat or within 100 feet therefrom.

(13) Location and results of percolation tests within the exterior boundaries of the plat conducted in accordance with Chapter SPS 385 of the Wisconsin Administrative Code where the subdivision will not be served by public sanitary sewer service.

(14) Location, width and suggested names of all proposed streets and public rights-of-way, such as alleys and easements; the Village Board and the County shall have final approval authority over street names.

(15) Approximate dimensions of all lots together with proposed lot and block numbers. The area in square feet of each lot shall be provided.

(16) Location and approximate dimensions of any sites to be reserved or dedicated for parks, playgrounds, drainageways or other public use or which are to be used for group housing, shopping centers, church sites or other nonpublic uses not requiring lotting.

(17) Approximate radii of all curves.

(18) Any proposed lake and stream access with a small drawing clearly indicating the location of the proposed subdivision in relation to access.

(19) Any proposed lake and stream improvement or relocation, and notice of application for approval by the Department of Natural Resources, when applicable.

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

(20) Soil tests and reports as may be required by the Village Engineer for the design of roadways, storm drainage facilities, on-site sewage disposal systems, erosion control facilities, and/or other subdivision improvements and features.

(21) Setbacks and building lines for each lot consistent with the pertinent requirements of Chapter 580, Zoning, of the Village Code.

(22) Design features.

(a) Locations and widths of proposed alleys, pedestrian ways and utility easements.

(b) Layout numbers and preliminary acreages and dimensions of lots and blocks.

(c) Minimum front, rear, side, and street yard building setback lines.

(d) Location and size of proposed sanitary sewer lines and water mains.

(e) Gradients of proposed streets, sewer lines (and water mains, if required).

(f) Areas, other than streets, alleys, pedestrian ways and utility easements, intended to be dedicated or reserved for public use, including the size of such area or areas in acres.

(g) Location and description of survey monuments.

(h) An identification system for the consecutive numbering of all blocks and lots within the subdivision.

(i) Sites, if any, to be reserved for parks or other public uses.

(j) Sites, if any, for multifamily dwellings, shopping centers, churches, industry or other nonpublic uses exclusive of single-family dwellings.

(k) Provisions for surface water management, including both minor and major system components, detention/retention facilities, including existing and post-development one-hundred-year flood elevations, etc.

(l) Potential resubdivision and use of excessively deep (over 200 feet) or oversized lots must be indicated in a satisfactory manner.

(m) Any wetlands, floodplains, or environmentally sensitive areas provided for by any local, state or federal law.

(23) Where the Village Board, Plan Commission or Village Engineer finds that it requires additional information relative to a particular problem presented by a proposed development in order to review the preliminary plat, it shall have the authority to request in writing such information from the developer.

C. Testing. The Village Board, upon the recommendation of 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. The Village does not guarantee, warrant, or represent that only those soils tested and shown to be unsuited for specific uses are the only unsuited soils within the Village and thereby asserts that there is no liability on the part of the Village Board, its agencies, or employees for sanitation problems or structural damages that may occur as a result of reliance upon, and conformance with, this chapter.

D. Soil and water conservation. The Village Board and/or Plan Commission, upon the recommendation of the Village Engineer, after determining from a review of the preliminary plat that the soil, slope, vegetation, and drainage characteristics of the site are such as to require substantial cutting, clearing, grading, and other earthmoving operations in the development of the subdivision or otherwise entail a severe erosion hazard, may require the developer to provide soil erosion and sedimentation control plans and specifications. Such plans shall generally follow the guidelines and standards set forth in the latest revision of publication WR-222, Wisconsin Construction Site Best Management Practice Handbook, as prepared by the Wisconsin Department of Natural Resources Bureau of Water Resources Management Nonpoint Source and Land Management section.

§ 565-15 Technical requirements for final plats.

A. General. A final plat prepared by a professional land surveyor shall be required for all subdivisions. It shall comply in all respects with the requirements of § 236.20, Wis. Stats., and this chapter.

B. Additional information. The final plat shall show correctly on its face, or on a supporting document, in addition to the information required by § 236.20, Wis. Stats., the following:

(1) Exact street width along the line of any obliquely intersecting street.

(2) Exact location and description of streetlighting and lighting utility easements.

(3) Railroad rights-of-way within and abutting the plat.

(4) All lands reserved for future public acquisition or reserved for the common use of property owners within the plat.

(5) Special restrictions required by the Village Board, upon the recommendation of the Plan Commission, relating to access control along public ways or to the provision of planting strips.

(6) Taxes. Certifications by attached information showing that all taxes and special assessments currently due on the property to be subdivided have been paid in full.

(7) Groundwater presence. Where the groundwater table is equal to or less than nine feet from the proposed street center line elevation, the developer shall place the following note on the plat:

(8) Subsoil information indicates the presence of high groundwater conditions on lot(s). On these lots, either basement elevations must be elevated above the groundwater level or the basement exteriors must be fully waterproofed.

(9) Dimensions of lot lines shall be shown in feet and hundredths; no ditto marks shall be permitted. When lot lines are not at right angles to the street right-of-way line, the width of the lot shall be indicated at the building setback line in addition to the width of the lot at the street right-of-way line.

(10) A numbered identification system for all lots and blocks.

C. Deed restrictions. Restrictive covenants and deed registrations for the proposed subdivision shall be filed with the final plat.

D. Property owners' association. The legal instruments creating a property owners' association for the ownership and/or maintenance of common lands in the subdivision shall be filed with the final plat.

E. Street dedication. Public rights-of-way for streets and other public areas shall be dedicated to the Village with final plat approval. Such dedications shall require the owner's certificate and the mortgagee's certificate in substantially the same form as required by § 236.21(2)(a), Wis. Stats.

F. Survey accuracy.

(1) Examination. The Village Engineer shall examine all final plats within the Village and may check for the accuracy and closure of the survey, the proper kind and location of monuments, and legibility and completeness of the drawing.

(2) Maximum error of closure. Maximum error of closure before adjustment of the survey of the exterior boundaries of the subdivision shall not exceed, in horizontal distance or position, the ratio of 1:5,000, nor in azimuth, 30 seconds of arc per interior angle. If field measurements exceed this maximum, new field measurements shall be made until a satisfactory closure of the field measurements has been obtained; the survey of the exterior boundary shall be adjusted to form a closed geometric figure.

(3) Street, block and lot dimensions. All street, block and lot dimensions shall be computed as closed geometric figures based upon the control provided by the closed exterior boundary survey. If checks disclose an error for any interior line of the plat greater than the ratio of 1:3,000, or an error in measured angle greater than one minute of arc for any angle where the shorter side forming the angle is 300 feet or longer, necessary corrections shall be made. Where the shorter side of a measured angle is less than 300 feet in length, the error shall not exceed the value of one minute multiplied by the quotient of 300 divided by the length of the shorter side; however, such error shall not in any case exceed five minutes of arc.

(4) Plat location. Where the plat is located within a quarter section, the corners of which have been relocated, monumented and coordinated by the Village, the tie required by § 236.20(3)(b), Wis. Stats., may be expressed in terms of grid bearing and distance; and the material and Wisconsin state plane coordinates of the monument marking the relocated section or quarter corner to which the plat is tied shall be indicated on the plat. The grid bearing and distance of the tie shall be determined by a closed survey meeting the error of closure herein specified for the survey of the exterior boundaries of the subdivision.

G. Engineer's report. The Village Board shall receive the results of the Village Engineer's examination prior to approving the final plat.

H. Surveying and monumenting. All final plats shall meet all the surveying and monumenting requirements of § 236.15, Wis. Stats.

I. State plane coordinate system. Where the plat is located within a quarter section, the corners of which have been relocated, monumented and coordinated by the Village, the plat shall be tied directly to one of the section or quarter corners so relocated, monumented and coordinated. The exact grid bearing and distance of such tie shall be determined by field measurements, and the material and Wisconsin state plane coordinates of the monument marking the relocated section or quarter corner to which the plat is tied shall be indicated on the plat. All distances and bearings shall be referenced to the Wisconsin Coordinate System, South Zone, and adjusted to the Village's control survey.

J. Certificates. All final plats shall provide all the certificates required by § 236.21, Wis. Stats.; and in addition, the surveyor shall certify that he has fully complied with all the provisions of this chapter.

§ 565-16 Final plat review and approval.

A. Filing requirements.

(1) The developer shall prepare a final plat and a letter of application in accordance with this chapter and shall file 15 copies of the plat and the application with the Village Clerk-Treasurer at least 25 days prior to the meeting of the Plan Commission at which action is desired. The owner or developer shall file 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 developer and for good cause granted by the Village. The owner or developer 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 changes that have been made to the plat since the approval of the preliminary plat.

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

(2) The developer shall, within two days after filing with the Village, transmit four copies to the County Planning Agency, two copies to the Wisconsin Department of Administration, Trade and Consumer Protection, additional copies to the Director of the Planning Function 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. The County Planning Agency, the Wisconsin Department of Agriculture, Trade and Consumer Protection, the Wisconsin Department of Transportation, and the Wisconsin Department of Safety and Professional Services shall be hereinafter referred to as objecting agencies.

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

(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(3).

(4) Simultaneously with the filing of the final plat or map, the owner shall file with the Village Clerk-Treasurer 12 copies of the final plans and specifications of public improvements required by this chapter, and a signed copy of the developer's contract required by § 565-22A.

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

(5) The Village Clerk-Treasurer shall refer two copies of the final plat to the Plan Commission, one copy to the Village Engineer, one copy to the Village Attorney, and a copy each to the telephone and power and other utility companies. The abstract of title or registered property report and final plat shall be referred to the Village Attorney for his/her examination and report. The Village Clerk-Treasurer shall also refer final plans and specifications for public improvements required by this chapter to the Village Engineer for review. The recommendations of the Plan Commission, Village Attorney, and 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/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 Village 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 Village 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 developer and all other approving and objecting agencies of any objections, except that the Department of Administration shall have 30 days in which to act. 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, or the Department of Administration fails to act with 30 days, it shall be deemed to have no objection to the plat.

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

(3) If the final plat is not submitted within 36 months of the last-required approval of the preliminary plat, the Village Board may refuse to approve the final plat.

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

(4) The Plan Commission shall, within 30 days of the date of filing of the final plat with the Village Clerk-Treasurer, recommend approval, conditional approval or rejection of the plat and shall transmit the final plat and application along with its recommendations to the Village Board. The Plan Commission may hold the matter in abeyance if there is incomplete or inadequate information, provided the timetables in Subsection C below are complied with.

C. Board review and approval.

(1) The Village Board shall, within 60 days of the date of filing the original final plat with the Village Clerk-Treasurer:

(a) Approve the final plat.

(b) Approve the final plat with conditions.

(c) Reject the final plat with reasons.

(d) Obtain a written agreement from the developer extending the time in which the Village Board must act on the final plat. (This method is recommended in those cases in which objections are made to the layout, design or similar aspects of said final plat and there is insufficient time for said corrections to be made and resubmitted to by the developer to the Board for action.)

(2) 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 developer.

(3) 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 the time frame prescribed in Subsection B(2) or, if filed, have been met.

(4) 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.

(5) 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. In the case of time extensions, the Village Board and applicant must mutually agree upon such extension.

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

D. 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 developer for recording with the County Register of Deeds. The Register of Deeds cannot record the plat unless it is offered within 12 months after the date of the last approval of the plat and within 36 months after the first approval of the plat.

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

E. Copies. The developer shall file 10 copies of the adopted final plat with the Village Clerk-Treasurer for distribution to the Village Engineer, approving agencies, and other affected agencies for their files.

F. Partial platting. The final plat may, if permitted by the Village Board, constitute only that portion of the approved preliminary plat, which the developer proposes to record at the time.

§ 565-17 Land divisions and consolidations by certified survey map.

A. Use of certified survey map.

(1) When it is proposed to consolidate lots; divide land into at least two but not more than four parcels or building sites; or when it is proposed to create by land division not more than four parcels or building sites within a recorded subdivision plat of record for a minimum of five years without changing the exterior boundaries of a block, lot or outlot; or when it is proposed to divide any number of parcels greater than 1.5 acres in size (thus not constituting a "subdivision" as defined in § 565-6), the developer may subdivide by use of a certified survey map. The developer shall prepare the certified survey map in accordance with this chapter and shall file 10 copies of the map and the letter of application with the Village Clerk-Treasurer at least 15 days prior to the meeting of the Village Plan Commission at which action is desired.

(2) A preliminary certified survey map shall be required when the division provides for land to be dedicated to the public.

(3) In the event a proposed land division or consolidation does not meet the above requirements, the proposed land division must be pursued as a subdivision plat.

(4) The certified survey map shall include the entire original parcels of land owned or controlled by the developer, including those proposed for division or consolidation. The applicant shall comply with all requirements of this chapter, including, but not limited to, Article V, Design Standards, Article IV, Required Improvements, and Article VI, Park and Public Land Dedication, when a certified survey map is used. A certification of the approval of the certified survey map by the Village Board shall be inscribed legibly on the face of the map. A certificate of the Village Clerk-Treasurer stating that there are no unpaid special assessments or taxes on the lands shall be included on the certified survey map.

(5) The applicant for a land division shall file 10 acceptable reproductions of a certified survey map and a written application requesting approval with the Village Clerk-Treasurer.

B. Referral to Plan Commission. The Village Clerk-Treasurer shall, within two normal work days after filing, transmit the copies of the map and letter of application to the Plan Commission.

C. Review by other Village agencies. The Village Clerk-Treasurer shall transmit a copy of the map to the Village Engineer, Village Attorney, and to all affected Village Boards, commissions or departments for their review and recommendations concerning matters within their jurisdiction. Their recommendations shall be transmitted to the Plan Commission within 10 days from the date the map is filed. The map shall be reviewed by the Plan Commission for conformance with this chapter and all ordinances, rules, regulations, Comprehensive Plans, Comprehensive Plan components and neighborhood plans. The applicant shall be required to file at the time of application public improvement plans as required for final plats.

D. Plan Commission review and board approval. The Plan Commission shall, within 30 days from the date of filing of the certified survey map, recommend approval, conditional approval or rejection of the map and shall transmit the map along with its recommendations to the Village Board. The Village Board shall approve, approve conditionally and thereby require resubmission of a corrected certified survey map or reject such certified survey map within 60 days from the date of filing of the map unless the time is extended by agreement with the applicant. If the map is rejected, the reason shall be stated in the minutes of the meeting and a written statement forwarded to the applicant. If the map is approved, the Village Board shall cause the Village Clerk-Treasurer to so certify on the face of the original map and return the map to the applicant.

E. Recordation.

(1) The applicant shall file a copy of the approved certified survey map together with the approving resolution with the County Register of Deeds within 12 months after the date of the last resolution of approval and not later than 36 months after the date of the first resolution of approval. All recording fees shall be paid by the applicant.

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

(2) No building permits shall be issued and no improvements shall be made until the certified survey is recorded and a document recording number is filed with the Building Inspector.

F. Copies. The developer shall file 10 copies of the adopted certified survey map with the Village Clerk-Treasurer for distribution to the Village Engineer, Building Inspector and other affected departments for their files.

§ 565-18 Technical requirements for certified survey land divisions.

A. Certified survey requirements. A certified survey map prepared by a professional land surveyor shall be required for all land divisions. It shall comply with the provisions of § 236.34, Wis. Stats., and this chapter.

B. Additional information. The certified survey map shall show correctly on its face, in addition to the information required by § 236.34, Wis. Stats., the following:

(1) All existing buildings, watercourses, drainage ditches and other features pertinent to proper division.

(2) Setbacks or building lines required by the Village Board and Chapter 580, Zoning, of the Village Code.

(3) All lands reserved for future acquisition.

(4) Date of the map.

(5) Graphic scale and North arrow.

(6) Name and address of the owner, developer and surveyor.

(7) Square footage of each parcel.

(8) Present zoning for the parcels.

(9) Existing and proposed contours at vertical intervals of not more than two feet where the slope of the ground surface is less than 10% and of not more than four feet where the slope of the ground surface is 10% or more. Elevations shall be marked on such contours based on National Geodetic Datum of 1929 (mean sea level). This requirement may be waived if the parcel or parcels created are fully developed.

(10) All proposed streets, roads, or highways within 300 feet of the boundaries of the parcels created by the minor land division.

(11) Floodplain limits and the contour line lying a vertical distance of two feet above the elevation of the one-hundred-year recurrence interval flood, or where such data is not available, five feet above the elevation of the maximum flood of record.

(12) Location of soil boring tests, made to a depth of six feet, unless bedrock is at a lesser depth. The number of such tests shall be adequate to portray the character of the soil and the depths of bedrock and groundwater from the natural undisturbed surface. To accomplish this purpose, a minimum of one test per three acres shall be made initially. The results of such tests shall be submitted along with the preliminary plat.

(13) Entire area contiguous to the land outlined in the proposed certified survey map owned or controlled by the developer shall be included on the certified survey map even though only a portion of said area is proposed for immediate development. The Village Plan Commission or Village Board may waive this requirement where it is unnecessary to fulfill the purposes and intent of this chapter and severe hardship would result from strict application thereof.

C. State plane coordinate system. Where the map is located within a quarter section, the corners of which have been relocated, monumented and coordinated by the Village, the map shall be tied directly to one of the section or quarter corners so relocated, monumented and coordinated. The exact grid bearing and distance of such tie shall be determined by field measurements, and the material and Wisconsin state plane coordinate of the monument marking the relocated section or quarter corner to which the map is tied shall be indicated on the map. All distances and bearings shall be referenced to the Wisconsin Coordinate System, South Zone, and adjusted to the Village's control survey.

D. Certificates. The surveyor shall certify on the face of the map that he/she has fully complied with all the provisions of this chapter. The Village Board, after a recommendation by the reviewing agencies, shall certify its approval on the face of the map. The Village Clerk-Treasurer and the County Treasurer shall certify that there are no unpaid taxes or unpaid special assessments on any of the land included in the map. In addition, dedication of streets and other public areas shall require the owner's certificate and the mortgagee's certificate in substantially the same form as required by § 236.21(2)(a), Wis. Stats.

E. Street dedication. Dedication of streets and other public areas shall require, in addition, the owner's certificate and the mortgagee's certificate in substantially the same form as required by § 236.21(2)(a) of the Wisconsin Statutes.

F. Recordation. The certified survey map shall only be recorded with the County Register of Deeds after the certificates of the Village Board, of the surveyor, and those certificates required by § 236.21, Wis. Stats., are placed on the face of the map. The subdivider shall record the map with the County Register of Deeds as provided in § 565-17E(1) of this chapter. The certified survey map shall be resubmitted for approval if not recorded within the time limits provided.

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

§ 565-19 Replat.

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 developer 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 developer or person wishing to replat shall then proceed, using the approval procedures for preliminary and final plats prescribed in this article.[1]

[1] Editor's Note: Original Sec. 14-3-8(b) of the 2012 compilation of ordinances, requiring a public hearing and notice for a preliminary plat for a replat, which immediately followed this subsection, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

B. 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.

§ 565-20 Determination of adequacy of public facilities and services.

A. A preliminary plat, final plat or certified survey shall not be approved unless the Plan Commission and the Village Board determine 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. The Village Board, at its discretion, may waive this provision if the Board agrees to use bonding/borrowing for the project.

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 Plan Commission and Village Board on the adequacy of water, sanitary and storm sewers, fire service, police, 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 Plan Commission and the Village Board shall consider the recommendations of the Village Engineer and the appropriate committee(s) on the capacity of trunk lines and of sewerage treatment facilities and any other information presented.

(2) The proposed land division is located within an urban service area contiguous to an arterial transmission water main of adequate capacity for the proposed development or if the water distribution system that is needed is under construction or scheduled for construction within the current budget year, and funds, either public or private, are available for the program. The Plan Commission and the Village Board shall consider the recommendations from the Village's utilities and the Village Engineer and the appropriate committee(s) on line capacities, water sources and storage facilities, as well as any other information presented.

(3) The Village Clerk-Treasurer and Village Engineer verifies to the Plan Commission and the Village Board that adequate funds, either public or private, are available to insure the installation of all necessary stormwater management facilities.

(4) The Director of Public Works can demonstrate to the Plan Commission and 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 to the future residents of the proposed land division or existing Village residents.

(5) The Plan Commission verifies that the future residents of the proposed land division can be assured park, recreation and open space facilities and services which meet the standards of the Village's Comprehensive Plan.

(6) The Police Department, EMS and Fire Department verify that timely and adequate service can be provided to the residents.

(7) 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 Plan Commission and the Village Board determine that two 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. The above requirements shall not apply to those areas outside the corporate limits of the Village of Winneconne 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 Winneconne public water distribution and/or public sewerage system if determined by the Village Engineer to be feasible. If such connection(s) are not determined feasible by the Village Board, 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 developer, 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.