A.
Preliminary procedure. Before filing application for approval of a minor or major subdivision or condominium plat, the subdivider or condominium developer shall prepare the items listed in Subsection A(1) through (3) below, unless exempted by other sections of this chapter. Minor subdivisions of less than five acres in total size, where no land dedications or new streets are proposed, are exempt from these requirements.
(1)
Site assessment. Except as indicated in § 375-301D
below, the subdivider or condominium developer shall complete a site
assessment checklist (see Appendix E[1]) per the requirements of § 375-0301D. A site assessment report per the requirements of § 375-0301E may also be required, following Village staff review of the site assessment checklist.
[1]
Editor's Note: Appendix E is available at the Village office.
(2)
Concept plan. For all land divisions including condominium plats, the subdivider or condominium developer shall prepare a concept plan per the requirements of § 375-0301F. Concept plans are not required for planned developments. Instead, an approved PDO Concept Plan per § 390-0709F shall substitute for a concept plan.
(3)
Project list. A signed statement listing development projects
for which the applicant has received Village approval in the last
five years and indicating any outstanding performance or financial
obligations on such projects. If this statement is found to contain
information that is contrary to fact or to omit the listing of such
projects or obligations on which performance or payment is delinquent,
the application may be dismissed without prejudice until the application
is corrected and/or the delinquency is resolved.
B.
Preapplication meeting. Upon the completion of the documents specified in § 375-0301A(1) through (3) above, a preapplication meeting may be required by the Zoning Administrator to ensure the subdivider or condominium developer is apprised of the objectives of these regulations, the Village's Comprehensive Plan and elements thereof, the Village's Official Map and any pertinent ordinances and plans, and to reach conclusions regarding the objectives and general program for the proposed development.
C.
Additional review; Plan Commission review. The Zoning Administrator
may require, or the subdivider or condominium developer may request,
Plan Commission review and comment on the submitted site assessment
checklist and/or concept plan. Twenty copies of all documents shall
be submitted by the subdivider or condominium developer to the Zoning
Administrator who shall distribute the copies to the Plan Commission
for review and comment. Said copies must be submitted at least 60
business days prior to the date of the Plan Commission meeting at
which the matter is to be reviewed.
D.
Site assessment checklist requirements.
(1)
Purpose. The purpose of the site assessment checklist is to
provide the basis for an orderly, systematic review of the effects
of new land divisions, including condominium plats, upon the community
in accordance with the principles and procedures of § 236.45(1),
Wis. Stats.
(2)
Coverage. The site assessment checklist requirement shall apply to all major subdivisions and condominium plats as described in § 375-0301A. Condominium conversions are exempt from this requirement.
(3)
Site assessment checklist form. The subdivider or condominium
developer shall complete the site assessment checklist form in Appendix
E and deliver it to the Village Clerk.
E.
Site assessment report requirements.
(1)
Determination of need for site assessment report. Prior to accepting
a preliminary plat or certified survey map for review, the Plan Commission
or Village staff may, for reasons stated in a written correspondence
setting forth specific questions on which it requires research, data,
and input from the subdivider or condominium developer and other affected
persons, decide that the site assessment checklist raises unusually
significant questions on the effects on the environment and/or that
review by other Village committees and commissions is required. The
written request shall set a reasonable date for the return of the
requested data and information from the subdivider, or condominium
developer and it may specify the format in which the data is to be
presented.
(2)
Hearing on site assessment report. Following response to the
written request to the Zoning Administrator, the Village shall distribute
the report to all interested persons or agencies. The Plan Commission
may schedule and hold a public hearing on the findings of the report.
If scheduled, the hearing shall be preceded by a Class 1 notice under
Ch. 985, Wis. Stats. Persons attending such hearing shall be afforded
an opportunity to comment on the report.
(3)
Review of site assessment report. The Plan Commission shall review the site assessment report, with supporting data, department and committee reviews, and any other data required for determining the suitability of the land for the proposed development. Within 30 days after submission of the site assessment report by the subdivider or condominium developer, the Plan Commission shall decide whether the affected land is suitable for development per § 375-0206, Land suitability. If determined unsuitable, the Plan Commission shall provide its reasons in writing, and subdivider or condominium developer shall have the opportunity to remedy the reasons before a certified survey map, preliminary plat, or condominium plat may be filed.
F.
Concept plan requirements. If required under § 375-0301A, the subdivider or condominium developer shall prepare a concept plan for review by Village staff. At its option, Village staff may choose to present the concept plan to the Plan Commission for its review and comment prior to the filing of a preliminary plat or condominium plat.
(1)
Purpose. The purpose of the concept plan is to depict the general
intent of the subdivider or condominium developer in terms of general
layout of the subdivision or condominium and its relationship to nearby
properties, roads, utilities and other public facilities. In conjunction
with the site assessment checklist, the concept plan provides an opportunity
to review the general intent and impact of the proposed subdivision,
or condominium plat, without the need for detailed engineering, surveying,
and other time-consuming and costly processes associated with the
preparation of a preliminary plat.
(2)
Coverage. The concept
plan shall indicate a proposed subdivision or building placement pattern
for all lots owned or controlled by the subdivider or condominium
developer. The Plan Commission may waive this requirement in the case
where the remainder of the area owned or controlled by the subdivider
or condominium developer is included in a detailed neighborhood development
plan adopted as a component of the Village's Comprehensive Plan, and
the subdivider or condominium developer demonstrates an intent to
subdivide or develop according to that plan or to a concept plan,
general development plan, or preliminary plat previously submitted
and reviewed by the Village.
A.
Application. Prior to submitting a final plat or condominium plat
for approval, the subdivider or condominium developer shall prepare
a preliminary plat and file a written application for its approval
with the Village Clerk, along with 20 copies of the preliminary plat.
The submittal shall include all data required by this section. A preliminary
plat shall not be submitted prior to Village review of the site assessment
checklist, the site assessment report when required, or the concept
plan. The preliminary plat shall be filed at least 30 days prior to
the date of the Plan Commission meeting at which action is expected
to allow adequate time for review and recommendation by appropriate
agencies, staff, commissions, consultants, and nearby property owners.
B.
Coverage of preliminary plat. The subdivider or condominium developer
shall in all cases submit a preliminary plat for the lands to be included
in the first phase of the final plat. The preliminary plat shall include
the entire adjacent area owned and controlled by the subdivider or
condominium developer. The Plan Commission may waive this second requirement
in the case where the remainder of the area owned or controlled by
the subdivider or condominium developer is included in a detailed
neighborhood development plan adopted as a component of the Village's
Comprehensive Plan, and the subdivider or condominium developer demonstrates
intent to subdivide or develop according to that plan.
C.
Review by agencies. The subdivider shall transmit an adequate number
of copies of the preliminary plat to all reviewing agencies as required
under Chapter 236, Wisconsin Statutes. Agency review is not required
for condominium plats.
D.
Plan Commission action. The Plan Commission, at its earliest available
scheduling, but no longer than 90 days from the date of filing of
a complete preliminary plat with the Village Clerk, shall take action
to approve, conditionally approve, or reject the preliminary plat.
In the case of a rejection, the Plan Commission shall list reasons
for said recommendation. The time period within which Plan Commission
action is required shall not commence until the Village has received
all maps, plans, drawings, and related data necessary for review of
the latest version of the preliminary plat. Failure of the Plan Commission
to act within 90 days shall be interpreted as a recommended approval
of the preliminary plat except where the ninety-day period has been
extended by written agreement of the subdivider or condominium developer.
E.
Notification. The Village Clerk shall notify the subdivider or condominium
developer, in writing, of the Plan Commission action within 10 business
days.
F.
Effect of preliminary plat approval. Approval or conditional approval
of a preliminary plat shall not constitute automatic approval of the
final plat. If the final plat is submitted within 36 months of preliminary
plat approval and conforms substantially to the preliminary plat layout
as indicated in § 236.11(1)(b), Wis. Stats., 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 Village Board at the time of its submission.
G.
Copies to utility providers. The subdivider or condominium developer
shall provide, via certified mail, two copies of the approved preliminary
plat to all local utility providers (i.e., natural gas, telephone,
cable television, telecommunications, water, sanitary sewer, and electric
company) so that they may identify appropriate locations for facilities
and easements.
A.
The preliminary plat shall be submitted at a scale of not more than 100 feet to one inch, and shall show correctly on its face the information listed below. The Village may waive one or more of these requirements based on a formal written request from the subdivider or condominium developer. A request for an exception or waiver of conditions of the requirements of this § 375-0303 shall be submitted in writing by the subdivider or condominium developer when the preliminary plat is filed. The request shall state fully the reasons for the exception or waiver. A 3/4 vote of the entire membership of the Plan Commission shall be required to grant any exceptions or waivers to this section, except for planned developments for which consent of the regular majority of the membership is required.
B.
Description.
(1)
Name of the proposed subdivision or condominium plat.
(2)
Name, address and telephone number of the owner, subdivider
or condominium developer, engineer, land surveyor and land planner.
(3)
Date, graphic scale, and North arrow.
(4)
Location of the proposed subdivision or condominium plat by
government lot, quarter section, township, range and county.
(5)
Location map showing the relationship between the preliminary
plat and surrounding area.
(6)
Proposed number of lots, number of dwelling units if different,
and land use types.
(7)
A vicinity sketch or small-scale drawing of the section or government
subdivision or condominium plat of the section in which the subdivision
or condominium plat lies, with its approximate location indicated.
C.
Existing conditions.
(1)
Contours at verticals of not more than two feet.
(2)
A scaled drawing of the exterior boundaries of the proposed
subdivision or condominium plat referenced to a corner established
by the U.S. Public Land Survey, and the total acreage encompassed
thereby.
(3)
Location of existing property lines, buildings, drives, streams
and watercourses, dry runs, lakes, marshes, wetlands, floodplains,
shoreland zoning areas, rock outcrops, wooded areas (including individual
trees with a diameter at breast height of six inches or more), environmental
corridors, and other similar significant features within the parcel
being subdivided.
(4)
Location; right-of-way width; and names of any easements or
rights-of-way for existing streets, alleys, or other public ways;
and railroads and utilities within or adjacent to the proposed subdivision
or condominium plat.
(5)
Type and width of any adjacent existing street pavements, together
with any legally established center line elevations for streets located
outside the Village limits.
(6)
Water elevations of adjoining lakes, streams, or drainageways
at the date of the survey, and known or determined high- and low-water
elevations and boundaries of the 100-year flood-fringe, floodway,
and/or general floodplain.
(7)
Subsurface soil, rock, and water conditions including depth
to bedrock and average depth to groundwater table. Where a subdivider
or condominium developer's subsoil investigation indicates potential
for groundwater less than 10 feet from the proposed street center-line
elevation, the subdivider or condominium developer shall so note on
the face of the plat and indicate the lots affected.
(8)
Location, size, and invert elevation of any existing sanitary
and storm sewers, culverts, or drain pipes, and the location and size
of any existing water and gas mains on or adjacent to the plat and
proposed for use in the development. If sewers and water mains are
not present on or adjacent to the preliminary plat, the distance to
and the size of those nearest and the invert elevations of sewers
shall be indicated.
(9)
Location of private wells and electric infrastructure.
(10)
Locations of filling and grading.
(11)
Location and names of adjacent subdivision or condominium plat,
parks, and cemeteries.
(12)
Names and addresses of adjacent property owners.
(13)
Existing land use and zoning within 300 feet of the proposed
subdivision or condominium plat.
D.
Proposed conditions.
(1)
Location, width, and names of all proposed streets and walkways.
(2)
Layout and scale dimensions of all lots and proposed lot and
block numbers.
(3)
Draft of proposed covenants (if any) to be imposed.
(4)
Location and approximate dimensions of any sites to be reserved
or dedicated for parks, playgrounds, greenways, or other public uses.
(5)
Location and approximate dimensions of any sites reserved for
the private use of subdivision or condominium plat residents and the
conditions and terms of all applicable deed restrictions applying
to these sites.
(7)
Plans showing the proposed locations for streets, walkways,
drainageways, and public easements, including extensions for reasonable
distance beyond the limits of the proposed subdivision or condominium
plat when requested.
(8)
After consultation with Village staff, proposed street tree
type, location, and size.
(9)
After consultation with Village staff, proposed sanitary sewer,
water, and stormwater facilities type, location, and size. The submittal
shall specifically address in a supplemental memo how the proposed
sanitary sewer system maximizes the area served by gravity flow or
otherwise optimizes gravity service.
(10)
Locations of filling and grading.
(11)
Proposed building setback lines.
(12)
Any other information deemed necessary by Village staff to assist
in the review and evaluation of the preliminary plat.
For all major subdivisions and condominium plats, the subdivider or condominium developer shall prepare and file a final plat and written application for its approval with the Village Clerk, along with 20 copies of the final plat. The submittal shall include all data required by this section, along with verification, such as a certified mail receipt, that the subdivider or condominium developer submitted the approved preliminary plat to utility providers as required under § 375-0302G. A final plat shall not be submitted prior to Village Board approval of the preliminary plat. The final plat shall be filed at least 30 days prior to the date of the Plan Commission meeting at which a recommendation is expected. In the case of condominium plats that contain over five individual building sites, a condominium plat that conforms to § 703.11, Wis. Stats., shall substitute for a final plat.
A.
Coverage of final plat. The final plat shall include the entire area
owned or controlled by the subdivider, condominium developer or association,
within the phase of development for which final approval is sought.
B.
Submittal of covenants and deed restrictions. The subdivider or condominium
developer shall submit any protective or restrictive covenants or
deed restrictions pertaining to lot and street dimensions or other
physical design specifications that may attach to the property being
subdivided.
C.
Review by agencies. The Plan Commission secretary shall transmit
an adequate number of copies to the Plan Commission and all affected
Village boards, commissions, or departments for their review and recommendations
concerning matters within their jurisdiction. For the final plat,
the subdivider shall be responsible for making all written requests
for approval and findings of no objections of the final plat to the
State of Wisconsin, in accordance with § 236.12, Wis. Stats.
D.
Plan Commission recommendation. Within 45 days of receiving a complete
final plat application and all associated documents, the Plan Commission
shall recommend approval, denial, or approval with conditions of the
final plat and transmit that recommendation to the Village Board.
Such time may be extended by written agreement of the subdivider or
condominium developer.
E.
Village Board action. The Village Board shall, at its earliest available
scheduling, but no longer than 60 days from the date submitted, approve,
approve conditionally, or reject the final plat based on its determination
of conformance with the intent and provisions of this chapter and
all related plans and ordinances and recommendations of appropriate
Village committees and commissions. If the final plat meets the requirements
of this section, has been submitted within 36 months from the approval
date of the preliminary plat, substantially conforms to the approved
preliminary plat, and meets all conditions of preliminary plat approval,
the Board shall approve the final plat. The final plat is considered
filed when the Village has received all maps, plans, drawings, and
related data necessary for plat review of the latest version of the
final plat as outlined herein. Such time may be extended by written
agreement of the subdivider or condominium developer. If the Village
Board fails to act within 60 days, the period of time has not been
extended by agreement, and no unsatisfied objections have been filed
within that period, the plat shall be deemed approved, and, upon demand,
a certificate to that effect shall be made on the face of the plat
by the Village Clerk.
F.
Development agreement required. Upon the filing of a preliminary
plat with the Village, the subdivider or condominium developer and
Village shall begin negotiations on a development agreement specifying
responsibilities of both parties. Prior to approval of the final plat
by the Village Board, the subdivider or condominium developer and
Village shall be in substantial agreement as to the terms of the development
agreement. Village Board approval shall be conditioned upon the execution
of the development agreement. Prior to Village signing and recording
of the final plat, the development agreement shall be signed by both
parties and all conditions of final plat approval shall be satisfied
to the extent possible. Prior to the signing of said agreement by
the Village President and the Village Clerk, the subdivider or condominium
developer shall pay the Village all required fees, charges, and deposits,
and provide any required performance guarantees, except as otherwise
provided for in the development agreement.
G.
Recording of final plat. The surveyor shall record a copy of the
approved final plat with the register of deeds, but only after certificates
of the State of Wisconsin, Village Board, surveyors, and others required
by § 236.21, Wis. Stats., are placed on the face of the
plat. The plat shall be offered for record within 12 months after
the date of the last approval of the plat and within 36 months after
the first approval, per § 236.25(2)(b), Wis. Stats.
The final plat shall meet all technical requirements of Chapter
236, Wisconsin Statutes. In addition, the subdivider or condominium
developer shall furnish the following information with respect to
the approved, recorded version of the final plat.
A.
If the final plat or condominium plat contains private road(s), the
following note shall be added to the plat:
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NOTICE OF POSSIBLE LIMITATION OF PUBLIC SERVICES
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|---|
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THIS PLAT CONTAINS PRIVATE ROAD(S), AND, AS A RESULT, CERTAIN
PUBLIC SERVICES MAY BE LIMITED. THE EXTENT OF THESE LIMITATIONS MAY
BE SPELLED OUT IN A DOCUMENT CALLED A DEVELOPMENT AGREEMENT, WHICH
DIRECTLY RELATES TO THIS PLAT AND IS FILED AS A PUBLIC DOCUMENT IN
THE OFFICE OF THE VILLAGE CLERK FOR THE VILLAGE OF WILLIAMS BAY.
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B.
Final plats shall contain the following note regarding utility easements:
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THE FINAL GRADE ESTABLISHED BY THE SUBDIVIDER ON THE UTILITY
EASEMENT SHOWN SHALL NOT BE ALTERED BY MORE THAN SIX INCHES BY THE
SUBDIVIDER, HIS AGENT, OR BY SUBSEQUENT OWNERS OF THE LOTS ON WHICH
SUCH UTILITY EASEMENTS ARE LOCATED, EXCEPT WITH WRITTEN CONSENT OF
THE UTILITIES INVOLVED.
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C.
A duplicate reproducible copy of the approved and recorded plat and
in a digital format to be determined by the Village.
D.
Proof that all local utility providers have been notified of, and afforded the opportunity to comment on, the preliminary plat as required under § 375-0302G.
E.
With the submittal of the final plat, the subdivider or condominium
developer shall submit preliminary engineering design plans to be
approved by the Village prior to the installation of public improvements
within the plat area. The plan shall indicate but not be limited to
the following: elevation of streets, existing and proposed topography,
proposed yard swales, proposed finished first floor elevation ranges
for each lot, areas reserved for stormwater detention/retention, and
indications of the direction of all drainage including intra-block
drainage. Said plans shall also show:
F.
Final engineering design plans shall be submitted and approved by
the Village prior to signing of the certificates on the final plat
by the Village for recording of the final plat.
A.
Application. For all subdivisions classified as minor subdivisions under this chapter, the subdivider shall file an application for certified survey map approval with the Village Clerk, along with 20 copies of the certified survey map. The submittal shall include all data required by this section. A certified survey map shall not be approved prior to Plan Commission review of the site assessment checklist, except as exempted under § 375-0301A and D(2). The certified survey map shall be filed at least 14 days prior to the date of the Plan Commission meeting at which a recommendation is expected.
B.
Plan Commission action (no land dedication). The Plan Commission,
at its earliest available scheduling, but no longer than 60 days from
the date submitted, shall approve, conditionally approve or reject
those certified survey maps not involving the dedication of public
lands. Said determination shall be based on the conformance with the
intent and provisions of this chapter and all related plans and ordinances,
and recommendations of appropriate Village committees and commissions.
In all cases, the time period within which Plan Commission action
is required shall not commence until the Village has received all
maps, plans, drawings, and related data necessary for review of the
latest version of the certified survey map as outlined herein. Such
time may be extended by written agreement of the subdivider. If the
Plan Commission fails to act within 60 days and the period of time
has not been extended by agreement, the certified survey map shall
be deemed approved.
C.
Plan Commission recommendation (land dedication). The Plan Commission,
at its earliest available scheduling, but no longer than 60 days from
the date submitted, shall recommend to the Village Board approval,
conditional approval, or rejection of certified survey maps that involve
the dedication of public lands. Such recommendation shall be based
on the conformance with the intent and provisions of this chapter
and all related plans and ordinances, and recommendations of appropriate
Village committees and commissions. All dedicated lands shall be accompanied
by an environmental assessment indicating that such lands present
no environmental hazard, and that they will not require environmental
mitigation or remediation measures. Said environmental assessment
shall be produced at the subdivider's expense. In all cases, the time
period within which Plan Commission recommendation is required shall
not commence until the Village has received all maps, plans, drawings,
and related data necessary for review of the latest version of the
certified survey map as outlined herein. Such time may be extended
by written agreement of the subdivider. If the Plan Commission fails
to act within 60 days and the period of time has not been extended
by agreement, it shall be interpreted that the Plan Commission recommends
approval of the certified survey map to the Village Board.
D.
Village Board action. Where a certified survey map involves the dedication
of public lands, the Village Board shall, within 30 days from the
date of the Plan Commission recommendation, approve, conditionally
approve, or reject the certified survey map. If the Village Board
fails to act within the thirty-day period, the period of time has
not been extended by agreement, and no unsatisfied objections have
been filed within that period, the certified survey map shall be deemed
approved.
E.
Development agreement. The Village Board may require the execution
of a development agreement for a certified survey map involving public
improvements.
F.
Recording of certified survey map.
(1)
The surveyor shall record a copy of the approved certified survey
map with the register of deeds, but only after the following have
occurred:
(2)
Upon recordation by the subdivider, two copies of the recorded
document shall be furnished to the Village Clerk along with a digital
copy in the format determined by the Village.
G.
Zero-lot-line land divisions. Zero lot line land divisions designed to put each dwelling unit of a side-by-side duplex on a separate lot, where the lot line will be placed along the common wall or walls of the duplex, shall adhere to the same procedures required for all other certified survey maps, as outlined in § 375-0306A through F, above. This process will result in the creation of a "twin house" as defined in § 390-0306C of Chapter 390, Zoning. Section 390-0306C of Chapter 390, Zoning, should be reviewed to determine if additional requirements will be imposed as conditions of CSM approval.
H.
Certified survey map requirements.
(1)
The certified survey map (CSM) shall be prepared by a professional
land surveyor and shall comply with the provisions of § 236.34,
Wis. Stats., and of this section.
(2)
The certified survey map shall comply with all design standards,
required improvements, and general provisions of this section.
(3)
The certificate of approval shall be placed on the face of the
map.
(4)
If the certified survey map contains private roads, the following
note shall be added to the certified survey map:
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NOTICE OF POSSIBLE LIMITATION OF PUBLIC SERVICES:
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THIS CERTIFIED SURVEY MAP CONTAINS PRIVATE ROAD(S), AND, AS
A RESULT, CERTAIN PUBLIC SERVICES MAY BE LIMITED. THE EXTENT OF THESE
LIMITATIONS MAY BE SPELLED OUT IN A DOCUMENT CALLED A DEVELOPMENT
AGREEMENT, WHICH DIRECTLY RELATES TO THIS CSM AND IS FILED AS A PUBLIC
DOCUMENT IN THE OFFICE OF THE VILLAGE CLERK FOR THE VILLAGE OF WILLIAMS
BAY.
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(5)
Parkland dedication monies in lieu of parkland dedication and
park improvement fees shall not be required where the CSM does not
result in the addition of any residential unit.
(6)
The certified survey map shall be offered for record within
12 months after the date of the last approval of the map and within
36 months after the date of the first approval of the map, per § 236.34(2)(b)1,
Wis. Stats.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
When it is proposed to replat a recorded subdivision, or part thereof, so as to change the areas dedicated to the public, 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, Wis. Stats. The subdivider, or person wishing to replat, shall then proceed as specified in §§ 375-0301 through 375-0305.
