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Village of Greenville, WI
Outagamie County
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Table of Contents
Table of Contents
[NOTE: See § 270-8 for lot restrictions prior to proceeding with subdivision plat process.]
The subdivider shall have an initial consultation with the Community and Economic Development Director or designee; the subdivider is encouraged to meet with the Planning Commission, and other appropriate regional planning agencies before proceeding with platting procedures in order to obtain their advice and assistance, and so the subdivider is familiar with the necessary regulations and the general factors mentioned below. Greenville shall charge no fee for consultation meeting(s) with the Planning Commission. For the initial consultation, the subdivider shall provide a concept plan and will be reviewed generally as it relates to the following:
A. 
The suitability of the site for development per § 270-7.
B. 
The accessibility of the site, and continuity to existing development within 300 feet of all boundaries with respect to motor/vehicle and bicycle/pedestrian transportation systems and consistency with adopted transportation and bicycle/pedestrian plans.
C. 
The availability of public facilities (sewer, school, parks, water, etc.) and public services (police, fire, etc.).
D. 
Soil conditions, drainage patterns and potential wetlands.
E. 
The effect of the proposed development on any contemplated improvements.
F. 
Zoning. If rezoning is required, it shall be approved prior to preliminary plat approval; it is recommended rezoning approval be obtained prior to preliminary plat submittal.
G. 
Topography.
H. 
Is consistent with the Comprehensive Plan, the Comprehensive Outdoor Recreation Plan (CORP) and other adopted plans of Greenville.
I. 
The improvements (streets, sidewalks/trails, water/sanitary/storm), design (right-of-way width/length, sidewalks/trails, utilities), dedications (park/school/government land dedications), or reservations required by these regulations.
J. 
Wisconsin Statute and Administrative Code regulations, such as Ch. 236, Wis. Stats.; Ch. SPS 383, Wis. Adm. Code, as it relates to on-site sewage; and Ch. Trans. 233, Wis. Adm. Code, as it relates to highway regulations.
K. 
Applicable county code.
[NOTE: See § 270-8 for lot restrictions prior to proceeding with subdivision plat process.]
A. 
Based on input from the Planning Commission at the initial consultation, the subdivider shall prepare a preliminary plat and plans and a letter of official application for plat review. The subdivider shall submit the required number of copies of the preliminary plat and plans prepared in accordance with this chapter to the Community and Economic Development Director or designee; the submittal deadline will be set by internal policy. An application for plat review shall not be official and complete until all elements required by this chapter are received by Greenville and deemed satisfactory.
B. 
Plans, documents, and data required. The following materials shall be included with submission of the applications to be considered complete and ready for review:
(1) 
Preliminary plat.
(2) 
Topographic survey/natural resource site plan inventory analysis. Survey/site plan and analysis of site's sensitive natural areas to include: steep slopes over 12%, wetlands, watercourses, streams, 100-year floodplains, all rights-of-way and easements, woodlands, scenic views, watershed divides and drainageways, fences or stone walls, rock outcrops and existing structures.
(3) 
Public improvement/engineering plans. The subdivider shall file the required sets of engineering reports and plans for the construction of all public improvements required by this chapter and comply with all other municipal code requirements. The plan set shall include the following pages and information:
(a) 
Street plans and profiles. The subdivider shall provide a topographical map showing street layout and profiles showing existing ground surface and proposed street grades, including extensions for a reasonable distance beyond the limits of the proposed subdivision when requested. A cutting-and-filling plan shall fit road and lot design to the topography and avoid cutting and filling more than 50% of the property. All elevations must meet the approval of the Board. The plans shall comply with this chapter, Greenville Standard Specifications and Details and all other applicable municipal code requirements.
(b) 
Water and sanitary sewer utility plans and profiles in compliance with Chapter 340, this chapter, Greenville Standard Specifications and Details and all other applicable municipal code requirements.
(c) 
Erosion control plans in compliance with Chapter 117, this chapter, Greenville Standard Specifications and Details and all other applicable municipal code requirements.
(d) 
Stormwater management plan and report in compliance with Chapter 255, this chapter, Greenville Standard Specifications and Details and all other applicable municipal code requirements.
(e) 
Streetlighting plan if available from the power company.
(f) 
Street sign plan in compliance with this chapter, Greenville Standard Specifications and Details and all other applicable municipal code requirements.
(g) 
Landscaping plan. If there are existing trees on site, a tree removal, preservation and protection plan is required with removal, preservation and protection measures indicated and described on the plan. The plan shall be in compliance with Chapter 320, Zoning, this chapter and specifically § 270-7D, Existing flora, Greenville Standard Specifications and Details and all other applicable municipal code requirements.
(h) 
Detail sheet(s) that comply with this chapter, Greenville Standard Specifications and Details and all other applicable municipal code requirements.
(i) 
An itemized engineer's opinion of probable cost for all public improvements with a 20% contingency.
(4) 
Reports. The following reports/studies shall be required:
(a) 
Wetland delineation.
(b) 
Floodplain and stream navigability study.
(c) 
Traffic impact analysis, unless waived by Greenville.
(d) 
Soil report. The subdivider shall provide a soils report, listing the types of soil in the proposed subdivision, their effect on the subdivision and a proposed soil testing and investigation program; this report shall be based on a site investigation. Pursuant to the land suitability concerns described in § 270-7, the Public Works Director and Engineer may require borings and soundings be made in specified areas to ascertain subsurface soil, rock and water conditions, including depth to bedrock and the groundwater table. Where the proposed subdivision will not be served by public sanitary sewer, the subdivider shall comply with Wis. Adm. Code Ch. SPS 383 delineating areas with three-foot and six-foot groundwater and bedrock levels. However, no lot, for residential purposes, shall be created which requires a holding tank for on-site sewage disposal; holding tanks are prohibited for residential uses.
(5) 
Use statement. A statement of the proposed use of lots stating the type of residential buildings with the number of proposed dwelling units; types of business or industry intended, to reveal the effect of the development of traffic, fire hazards and congestion of population as well as a table listed on the plat summarizing the zoning district dimensional requirements.
(6) 
Zoning changes. If any zoning changes are contemplated or required, an application for rezoning shall be submitted. Rezoning shall be approved prior to preliminary plat approval but may be submitted simultaneously with the preliminary plat submittal; however, it is recommended rezoning approval be obtained prior to preliminary plat submittal.
(7) 
Phases. The Board may approve construction of the subdivision in phases. Any phase shall be designed as to provide all required public improvements to serve any particular phase can function safely and with reasonable efficiency. Phasing shall be shown on the preliminary plat and public improvement/engineering plans and shall be constructed and final platted in phases consistent with the approved construction phasing.
(8) 
Comprehensive Plan. The plat and plans shall be consistent with the Greenville's Comprehensive Plan and the Comprehensive Outdoor Recreation Plan (CORP) and other adopted plans of Greenville.
(9) 
Additional plans and information. Additional plans and information may be required when specific cases warrant it at the request of Greenville officials and staff.
C. 
Subdivider responsibility for preliminary plat referral. The subdivider, immediately following the official application to Greenville, shall submit the original preliminary plat to the Wisconsin Department of Administration that shall forward two copies to each of the state agencies authorized to object. The Department of Administration shall have the required number of copies made at the subdivider's expense. Within 20 days of the date of receiving copies of the plat, any agency having authority to object shall notify the subdivider, and all other agencies with authority to object, of any objection based upon failure of the plat to comply with the statutes or rules which its examination is authorized to cover. If there is no objection, it shall certify on the face of a copy of the plat and return that copy to the Department of Administration. After each agency and the Department have certified they have no objection or their objections have been satisfied, the Department shall so certify on the face of the plat. If any agency fails to act within 20 days of the date of the receipt of copies of the plat, and the Department fails to act within 30 days of receipt of the original plat, it shall be deemed no objections exist to the plat and, upon demand, it shall be so certified on the face of the plat by the Department.
D. 
Referral process for complete preliminary plat applications.
(1) 
Planning Commission. Once Greenville has received all the information required by this chapter and verified it meets all requirements of this chapter, it shall notify the subdivider of the Planning Commission agenda it will be placed on. The Community and Economic Development Director shall review the required information and make a recommendation to the Planning Commission. The Planning Commission shall make a recommendation to the Board to approve, conditionally approve or reject the plat and public improvement/engineering plans by resolution.
[Amended 10-26-2020 by Ord. No. 09-20]
(2) 
Board action. The Clerk shall give notice of the Board's review by listing it as an agenda item in the Board's meeting. After review of the preliminary plat and public improvement/engineering plans, the Board shall, within 90 days of the date the preliminary plat and public improvement/engineering plans were officially filed with Greenville, approve, approve conditionally or reject the plat and public improvements/engineering plans by resolution. The Community and Economic Development Director or designee shall provide an executed copy of the resolution to the subdivider which shall include any conditions for approval or the reasons for rejection. Failure of the Board to act within 90 days of filing shall constitute approval of the preliminary plat and public improvements/engineering plans, unless an objecting agency files an objection or unless the review period is extended by agreement with the subdivider.
(3) 
Effect of preliminary plat and public improvement/engineering plans approval by the Board. Preliminary plat and public improvement/engineering plans approval authorizes the subdivider to make and install all required public improvements according to approved engineering reports, plans and specifications for such improvements on file with Greenville as approved by resolution. Substantial completion of all required improvements within 36 months of the last required approval of the preliminary plat shall entitle approval of a final plat if the final plat conforms substantially to the approved preliminary plat. The Board may, in its discretion, accept a financial guarantee to ensure completion of public improvements in those instances where public improvements are not substantially completed in 36 months.
(4) 
Expiration of preliminary plat. If the final plat is not submitted within 36 months after the last required approval of the preliminary plat, Greenville may refuse to approve the final plat or may extend the time for submission of the final plat [§ 236.11(1)(b), Wis. Stats.]. If Greenville refuses to approve the final plat, the subdivider shall submit a new application for preliminary plat in accordance with this chapter.
E. 
Public improvement alternative. As an alternative to the subdivider designing, bidding and constructing the required public improvements, the subdivider may request, and the Board may agree in its discretion, to enter into a development agreement for Greenville to perform the design, bidding and construction of the required public improvements and specially assess the cost against the property within the proposed CSM or plat with a financial guarantee provided to cover the costs of the required public improvements. The subdivider shall decide at the time of preliminary plat application if he/she/it will perform the design, bidding and construction of the required public improvements or if to have Greenville perform the work. A development agreement shall be approved as part of preliminary plat approval. This alternative will not require the submission of public improvement/engineering plans required under § 270-12B(3); all other plans, documents and data are required to be submitted under § 270-12B.
The subdivider shall file the required number of copies of the final plat within 36 months of the last required approval date of the preliminary plat and a letter of official application for plat review. If the final plat is not submitted within said 36 months, the preliminary plat approval may be deemed void [§ 236.11(1)(b), Wis. Stats.]. The subdivider shall submit a certified abstract or title commitment current to within one week prior to filing showing title or control of the owner or subdivider.
A. 
Conditions of final plat approval. The following conditions shall be met prior to approval of the final plat:
(1) 
The final plat conforms substantially with the preliminary plat and is submitted within 36 months of the last required approval of the preliminary plat unless extended, in writing, by the Board.
(2) 
All required public improvements are substantially completed in conformance with the approved preliminary plat and approved engineering reports, plans and specifications except for the final asphalt layer for streets.
(3) 
As-built or record drawings and lien waivers are filed and reviewed by the Public Works Director and Engineer.
(4) 
All public improvements are inspected by the Public Works Director and Engineer for conformance with the approved preliminary plat and approved engineering reports, plan and specifications.
(5) 
The Board accepts the public improvements by written resolution after receiving a formal recommendation from the Public Works Director and Engineer.
(6) 
The subdivider shall provide a financial guarantee in the amount of 120% of the estimated cost of final pavement for all streets in the form of an irrevocable letter of credit or escrow account for the benefit of the Village and in the name of the Village for a term of two years, to be installed by the subdivider, based on a schedule approved by the Public Works Director. The financial guarantee shall be submitted prior to issuance of building permits.
(7) 
The subdivider shall guarantee all public improvements against defects due to faulty materials or workmanship which appear within a period of 14 months (warranty period) after acceptance by the Village. The owner/subdivider shall pay the full cost of necessary replacement or repair of defects and provide the Village with financial security in the form of an irrevocable letter of credit or escrow deposit to ensure timely replacement or repair in an amount of 10% of the estimated total costs of all completed improvements. The guarantee shall be submitted prior to issuance of building permits.
(8) 
Subdivider pays in full all current Greenville review and inspection fees prior to issuance of building permits.
B. 
As an alternative to the substantial completion of all required public improvements and conditions above, and in the sole discretion of the Board, the subdivider enters into a public improvement agreement (development agreement) that all required public improvements be substantially completed within two years of final plat approval and provides financial security for the benefit of Greenville to ensure required public improvements will be substantially completed within two years of final plat approval.
(1) 
The agreement shall be approved and financial security provided before final plat approval. The subdivider shall sign the agreement prior to final plat approval by the Board.
(2) 
The Board may consider such factors as size of the development, cost of the development, the type of security and any other factor deemed relevant to the Board in approving alternate conditions for final flat approval.
(3) 
Subdivider pays in full all current Greenville fees.
C. 
Subdivider responsibility for final plat referral. The subdivider shall transmit copies of the final plat to objecting agencies as required for preliminary plats under § 270-12B. The objecting agencies shall, within 20 days, 30 days for the Department of Administration, of the date of receiving their copies of the final plat, notify the subdivider and all other approving and objecting agencies of any objections in the same manner noted for preliminary plats under § 270-12B of this chapter. If the original of the final plat has been filed with another approving authority, the subdivider may file a true copy of such plat in lieu of the original. However, before approval of the Board will be inscribed on the original of the final plat, the surveyor or subdivider shall certify the respects in which the original of the final plat differs from the true copy, and all modifications must first be approved. If not taken care of during the preliminary plat approval process, the subdivider shall transmit a copy of the final plat to the telephone, power and other utility companies so needed utility connections can be installed in a timely fashion to serve the plat.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
D. 
Referral process for final plat.
(1) 
Planning Commission review. Based on its review of the required information, the Planning Commission shall make a recommendation to the Board to approve or reject the final plat.
(2) 
Board review. Within 60 days of the date of filing the final plat with the Community and Economic Development Director or designee, the Board shall approve or reject such plat by resolution, unless the time is extended by agreement with the subdivider. If the plat is rejected, the reasons shall be stated in the minutes of the meeting and a written statement of the reasons sent to the subdivider by the Community and Economic Development Director or designee.
(3) 
Recording of final plat. The Board may not inscribe its approval on the final plat unless it is certified on the face of the plat that copies were forwarded to objecting agencies, as required herein, the date thereof, and no objections have been filed within 20 days, 30 days for the Department of Administration, or, if filed, have been met. Failure of the Board to act within 60 days of filing, unless the time has been extended and/or unsatisfied objections have been filed, shall be deemed approval of the plat. After the Board approves the final plat, it shall execute the certificate inscribed upon the plat attesting to such approval and return the plat to the subdivider for recording with the County Register of Deeds.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. I)]
E. 
Replat procedure. Except when an Assessor's plat is ordered pursuant to § 70.27(1), Wis. Stats., when it is proposed to replat a recorded subdivision, or part thereof, so as to alter areas dedicated to the public, the subdivider or person wishing to replat shall vacate or alter the recorded plat as provided in §§ 236.40 to 236.45, Wis. Stats. The subdivider, or person wishing to replat, shall then proceed as specified in Article IV of this chapter governing the new subdivision application process.