[2-28-2022 by Ord. No.
08-2022]
Prior to filing an application for approval of a preliminary
subdivision plat, condominium plat, or certified survey map, the subdivider
shall consult with the Plan Commission and/or its staff in order to
obtain their advice and assistance. A conceptual plan of the proposed
subdivision, condominium, or certified survey map shall be brought
by the applicant to the meeting. This consultation is intended to
inform the subdivider of the purpose and objectives of these regulations,
the comprehensive plan or components thereof, and duly adopted plan
implementation ordinances of the Village and to otherwise assist the
subdivider in planning the development. In so doing, both the subdivider
and Plan Commission may reach mutual conclusions regarding the general
objectives of the proposed development and its possible effects on
the neighborhood and community, and the subdivider will gain a better
understanding of the subsequent required procedures.
[2-28-2022 by Ord. No.
08-2022]
Before submitting a final plat for approval, the subdivider
shall prepare a preliminary plat and complete an application and review
checklist. The preliminary plat shall be prepared in accordance with
this Ordinance, and the subdivider shall file an adequate number of
copies and an electronic copy, in a digital format as determined by
the Village Clerk, of the plat for distribution in accordance with
this Section; the completed application and checklist; and the preliminary
plat review fee with the Village Clerk at least 60 days prior to the
meeting of the Village Board at which action is desired. The Village
Clerk may accept an electronic copy of the plat in lieu of some or
all of the paper copies, at the Clerk's discretion. In addition:
(a)
The Village Clerk shall, within two normal working days after filing,
transmit an electronic copy of the preliminary plat to the County
Planning Agency.
(b)
The Village Clerk shall also transmit, within two normal working
days after filing, an electronic copy of the preliminary plat to the
Public Works Director, Community Development Director, and Fire Chief,
for review and recommendations concerning matters within their jurisdiction.
The recommendations of Village officials shall be transmitted to the
Plan Commission within 30 days from the date the plat is received.
(c)
The Village Clerk shall also transmit, within two normal working
days after filing, an electronic copy of the preliminary plat to the
Southeastern Wisconsin Regional Planning Commission, affected public
and private utility companies, and the affected school district or
districts for their review and recommendation concerning matters within
their jurisdiction. Their recommendations shall be transmitted to
the Plan Commission within 30 days from the date the plat is received.
(d)
Wisconsin department of administration. Pursuant to § 236.12(2)
of the Wisconsin Statutes, the subdivider shall submit an electronic
or paper copy of the preliminary plat to the Director of Plat Review
of the Wisconsin Department of Administration, who will prepare and
forward copies of the plat at the subdivider's expense to the objecting
agencies.
[2-28-2022 by Ord. No.
08-2022]
(a)
The objecting agencies shall, within 20 days of the date of receiving
their copies of the preliminary plat, notify the subdivider and all
other approving and objecting agencies of any objections. If there
are no objections, they shall so certify on the face of the copy of
the plat and shall return that copy to the Wisconsin Department of
Administration. The Department of Administration shall promptly notify
the Village Clerk if such a certification is submitted by an objecting
agency. If an objecting agency fails to act within 20 days, and the
Department of Administration fails to act within 30 days from the
date on which they received the plat, they shall be deemed to have
no objection to the plat and, upon demand, the Department of Administration
shall so certify on the face of the plat.
(b)
The Village Plan Commission shall promptly review the preliminary
plat, after objections and comments have been received by the objecting
and reviewing agencies and officials, for conformance with this Ordinance
and all applicable laws, rules, regulations, ordinances, and comprehensive
plans and components of such plans. The Plan Commission shall comment
and recommend action on the preliminary plat to the Village Board.
(c)
The Village Board shall, within 90 days of the date of filing of
the preliminary plat with the Village Clerk, approve, approve conditionally,
or reject such plat, unless the time is extended by mutual written
agreement with the subdivider. One copy of the plat shall thereupon
be returned to the subdivider with the date and action endorsed thereon;
and if approved conditionally or rejected, a letter setting forth
the conditions of approval or the reasons for rejection shall accompany
the plat. One copy each of the plat and letter shall be placed in
the Plan Commission's permanent file.
(d)
Failure of the Village Board to act within 90 days shall constitute
an approval of the plat as filed, unless the review period is extended
by written mutual consent.
(e)
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 after the last required approval of the preliminary plat and conforms substantially to the preliminary plat, including any conditions of that approval, and to local plans and ordinances, the final plat shall be entitled to approval as provided in § 236.11(1)(b) of the Wisconsin Statutes. An approved preliminary plat shall be deemed an expression of approval or conditional approval of the layout submitted, and used 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. The Village Board may extend the time for submission of the final plat. See § 74-3.4(d) pertaining to partial platting or phasing.
[2-28-2022 by Ord. No.
08-2022]
A final plat shall be prepared in accordance with this Ordinance
and the subdivider shall file an adequate number of copies and/or
an electronic copy, as determined by the Village Clerk, of the plat
for distribution in accordance with this section; the completed application;
and the final plat review fee with the Village Clerk at least 25 days
prior to the meeting of the Village Board at which action is desired.
In addition:
(a)
The Village Clerk shall, within two normal working days after filing,
transmit an electronic copy of the final plat to the County Planning
Agency, Public Works Director, Community Development Director, and
Fire Chief, and one copy to each of the affected public or private
utilities and school district(s).
(b)
Wisconsin Department of Administration. Pursuant to § 236.12(2)
of the Wisconsin Statutes, the subdivider shall submit an electronic
or paper copy of the final plat to the Director of Plat Review of
the Wisconsin Department of Administration, who will prepare and forward
copies of the plat at the subdivider's expense to the objecting agencies.
(c)
The Village Plan Commission shall examine the final plat as to its
conformance with the approved preliminary plat; conditions of approval
of the preliminary plat; this Ordinance and all other ordinances,
laws, rules, regulations, comprehensive plans or components thereof
which may affect it; and shall recommend approval or rejection of
the plat to the Village Board.
(d)
Partial platting. The final plat may, if permitted by the Plan Commission,
constitute only that portion of the approved preliminary plat that
the subdivider proposes to record at that time; however, it is required
that each phase be final platted and designated as a phase of the
approved preliminary plat.
[2-28-2022 by Ord. No.
08-2022]
(a)
Submission. 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 or may extend the time for submission
of the final plat, as provided in § 236.11(1)(b) of the
Wisconsin Statutes.
(b)
The objecting agencies shall, within 20 days of the date of receiving
their copies of the final plat, notify the subdivider and all other
approving and objecting agencies of any objections. 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 Wisconsin Department of Administration,
and the Department of Administration who shall so certify on the face
of the plat. The Department of Administration shall promptly notify
the Village Clerk if such a certification is submitted by an objecting
agency. If an objecting agency fails to act within 20 days and the
Department of Administration fails to act within 30 days from the
date on which they received the plat, they shall be deemed to have
no objection to the plat and, upon demand, the Department of Administration
shall so certify on the face of the plat.
(c)
The Village Plan Commission shall, within 45 days of the date of
filing of the final plat with the Village Clerk, recommend approval
or rejection of the plat and shall transmit the final plat and application
along with its recommendation to the Village Board.
(d)
Notification. The Plan Commission shall, when it determines to recommend
approval or rejection of a plat to the Village Board, give at least
10 days' prior written notice of its recommendation to the clerk of
any municipality within 1,000 feet of the plat, but failure to give
such notice shall not invalidate the plat.
(e)
The Village Board shall, in accordance with § 236.11(2)
of the Wisconsin Statutes, within 60 days of the date of filing the
original final plat with the Village Clerk, approve or reject such
plat unless the review period is extended by written agreement with
the subdivider. The Village Board may act on the plat at the same
meeting at which the Plan Commission makes its recommendation. One
copy of the plat shall thereupon be returned to the subdivider with
the date and action endorsed thereon. If the plat is rejected, the
reasons shall be stated in the minutes of the meeting and a written
statement of the reasons forwarded to the subdivider. One copy each
of the plat and letter shall be placed in the Village Clerk's permanent
file. The Village Board shall not inscribe its approval on the final
plat unless the Village Clerk certifies on the face of the plat that
no objections have been filed within 20 days or, if filed, that they
have been satisfied, and the Village Treasurer certifies that there
are no unpaid taxes or special assessments on any of the lands included
in the plat.
(f)
Failure of the Village Board to act within 60 days, the time having
not been extended by mutual agreement and no unsatisfied objections
having been filed, and all fees payable by the subdivider having been
paid, shall constitute approval of the final plat.
(g)
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 shall
cause the certificate inscribed upon the plat attesting to such approval
to be duly executed and the plat returned to the subdivider for recording
with the County Register of Deeds at the subdivider's expense. The
Register of Deeds shall not record the plat unless it is offered for
recording within 12 months after the date of the last approval and
within 36 months after the date of first approval, as required by
§ 236.25(2)(b) of the Wisconsin Statutes.
(h)
Copies. The subdivider shall file a digital file in a form acceptable
to the Village and adequate copies of the recorded final plat with
the Village Clerk. The Clerk shall distribute copies of the plat to
the Public Works Director, Building Inspector, Assessor, Community
Development Director, and other affected Village and county departments
for their files.
[2-28-2022 by Ord. No.
08-2022]
When land is proposed to be divided into more than one, but
less than five, parcels or building sites, inclusive of the original
remnant parcel, any one of which is five acres or less in area, by
a division or by successive divisions of any part of the original
parcel within a five-year period; or when it is proposed to divide
a block, lot, or outlot within a recorded subdivision plat into more
than one, but less than five, parcels or building sites, inclusive
of the original remnant parcel, without changing the exterior boundaries
of the subdivision plat, or the exterior boundaries of said block,
lot, or outlot, and the division does not result in a subdivision,
the subdivider may divide by use of a certified survey map. The Plan
Commission may, for good reason, such reason being set forth in the
minutes of the meeting concerned, accept for review and approval certified
survey maps that consist of a single parcel. In addition:
(a)
In accordance with § 236.34(1)(ar) of the Wisconsin Statutes,
a certified survey map may also be used for dividing land into not
more than 100 parcels, lots, or outlots if the land being divided
is zoned for commercial, industrial, multifamily residential, or mixed-use
development.
(1)
A pre-application consultation, similar to the consultation described in § 74-3.1 of this Ordinance, is required.
(2)
The subdivider shall prepare the certified survey map in accordance
with this Ordinance and shall file sufficient copies of the map, together
with the appropriate fee, and the completed application with the Village
Clerk at least 10 days prior to the meeting of the Plan Commission
at which action is desired. The Village Clerk may accept an electronic
copy of the map in lieu of some or all of the paper copies, at the
Clerk's discretion.
(3)
The subdivider shall submit two copies of the map to the Wisconsin
Department of Administration for review if the provisions of § 236.34(1m)(em)
apply, and to the Wisconsin Department of Transportation if the provisions
of § 236.34(1m)(er) apply. Copies of the transmittal letters
or emails to the Departments shall be provided to the Village at the
time the map is filed with the Village Clerk.
(4)
The Village Clerk shall, within two normal working days after
filing, transmit the copies of the map and letter of application to
the Community Development Director.
(5)
The Village Plan Commission shall transmit a copy of the map
to all affected Village boards and commissions for their review and
recommendations concerning matters within their jurisdiction. Copies
may also be transmitted to the County Planning Agency and to the Southeastern
Wisconsin Regional Planning Commission for review and comment. Their
recommendations shall be transmitted to the Plan Commission within
20 days from the date the map is received. The map shall be reviewed
by the Plan Commission for conformance to this Ordinance, and all
other ordinances, laws, rules, regulations, and comprehensive plans
and components thereof as may be applicable.
[2-28-2022 by Ord. No.
08-2022]
(a)
The Village Plan Commission shall, within 60 days from the date of
filing of the map, recommend approval, approval with conditions, or
rejection of the map, and shall transmit the map along with its recommendations
to the Village Board.
(b)
The Village Board shall approve, approve conditionally and thereby
require resubmission of a corrected map, or reject such map within
90 days from the date of filing of the map unless the time is extended
by mutual agreement with the subdivider. If the map is rejected, the
reason shall be stated in the minutes of the meeting and a written
statement forwarded to the subdivider. If the map is approved, the
Village Board shall cause the Village Clerk to so certify on the face
of the original map.
(c)
Failure of the Village Board to act within 90 days, or any extension
mutually agreed to with the subdivider, constitutes an approval of
the map and, upon demand, a certificate to that effect shall be made
on the face of the map by the Village Clerk.
(d)
Recordation. After the certified survey map has been approved by
the Village Board; the Village Clerk shall cause the certification
inscribed upon the map attesting to such approval to be duly executed
and the map returned to the subdivider for recording with the County
Register of Deeds. The Register of Deeds shall not record the map
unless it is offered for recording within 12 months after the date
of the last approval and within 36 months after the first approval.
(e)
Copies. The subdivider shall file a digital file in a form acceptable
to the Village and adequate copies of the recorded certified survey
map with the Village Clerk. The Clerk shall distribute copies of the
map to the Public Works Director, Community Development Director,
Building Inspector, Assessor, and other affected Village and county
officials for their files.
[2-28-2022 by Ord. No.
08-2022]
(a)
When the land to be divided lies within the extraterritorial plat or CSM approval jurisdiction of the Village in accordance with §§ 236.10(1)(b) and 236.45(3) of the Wisconsin Statutes, the subdivider shall proceed as specified in §§ 74-3.1 through 74-3.7 where applicable except:
(1)
An extraterritorial subdivision plat or certified survey map
(CSM) shall, as a matter of courtesy, be first submitted to the Town
Clerk concerned. The subdivider shall then submit the plat or CSM
to the other approving authorities, including the Village.
(2)
Approving authorities include the Village Board, Town Board,
and the County Planning Agency; and the subdivider must comply with
the land division ordinances of the Village, town, and county.
(b)
The Subdivider may proceed with the installation of such improvements
and under such regulations as the Town Board of the Town within whose
limits the plat or CSM lies may require. Wherever connection to any
utility of the Village or a special utility district (i.e., water,
sewer, lighting, etc.) is desired, permission for such connection
shall be subject to review and approval by the Village Board or special
utility district.
(c)
All improvement requirements specified by the Town Board, Village,
or any special utility district in matters over which they have jurisdiction
shall be met before the final plat or, if applicable, CSM is filed.
[2-28-2022 by Ord. No.
08-2022]
(a)
Vacate or alter. When it is proposed to replat a recorded subdivision, or part thereof, so as to vacate or alter areas within a plat dedicated to the public, or to change the boundaries of a recorded subdivision, or part thereof, the subdivider or person wishing to replat shall vacate or alter the recorded plat as provided in §§ 236.36 through 236.445 of the Wisconsin Statutes. If the replat is proposing to change the boundaries of a recorded subdivision, or part thereof, the subdivider or person wishing to replat shall then proceed as specified in §§ 74-3.1 through 74-3.6 of this Ordinance.
(b)
The Village Clerk shall schedule a public hearing before the Plan
Commission when a preliminary plat of a replat of lands within the
Village is filed, and shall cause a Class 2 notice of the proposed
replat and public hearing to be published and mailed to the owners
of record of all properties within the limits of the exterior boundaries
of the proposed replat and to the owners of all properties within
200 feet of the exterior boundaries of the proposed replat.
(c)
Reconfigure. An applicant wishing to reconfigure a recorded certified survey map (CSM) shall create a new CSM and proceed as specified in §§ 74-3.6 and 74-3.7 of this Ordinance, provided the reconfiguration does not result in a subdivision, no additional parcels are created, and no changes are made to areas previously dedicated to the public or to a restriction or easement placed on the land concerned.
(d)
Change boundaries. A certified survey map (CSM) may be used to change
the boundaries of lots and outlots within a recorded plat or a recorded
assessor's plat under § 70.27 of the Wisconsin Statutes
if the reconfiguration does not result in a subdivision. A CSM used
to reconfigure lots within a recorded plat may not alter areas previously
dedicated to the public or a restriction placed on the platted land
by covenant, by grant of an easement, or by any other manner; or change
the exterior boundaries of a plat.
(e)
Changes to condominium instruments, including condominium plats,
shall comply with the requirements of Chapter 703 of the Wisconsin
Statutes.
[2-28-2022 by Ord. No.
08-2022]
Condominium instruments, including condominium plats, prepared by a professional land surveyor are required to create a condominium or any amendments or expansions thereof, and are subject to Village review and approval in accordance with § 703.115 of the Wisconsin Statutes. Condominiums and associated plats shall comply with the requirements of Chapter 703 of the Statutes and the design standards, improvements, and all other requirements, as applicable, of this Ordinance that would otherwise apply to conventional subdivision plats, with the exception of §§ 74-3.2 through 74-3.6 if no new lots, parcels, or outlots will be created as part of the condominium. Condominium instruments may not be used to create or alter lots, parcels, outlots, public streets, or other areas to be dedicated to the public unless filed jointly with a related, appropriate plat or CSM instrument. Changes to recorded condominium instruments to create, alter, or remove any condominium units, easements, restrictions, or other encumbrances on the land included in a condominium shall require Village review and approval of a correction instrument prepared in accordance with § 703.095 of the Statutes. In accordance with § 703.27 of the Statutes, condominium projects shall be subject to no more restrictive rules than noncondominium projects that are physically equivalent.
