A preliminary subdivision plat shall be prepared by a professional land surveyor for all subdivision plats. The preliminary subdivision plat shall comply with the provisions of Ch, 236, Wis. Stats., and the provisions of this chapter.
A.
Preliminary consultation and concept plan. Prior to submitting an application for review of a preliminary subdivision plat, the owner of the property or an authorized representative shall apply for and secure approval of the subdivision in accordance with the following procedures:
(1)
Consultation. Before filing a concept plan, preliminary plat, condominium plat, or preliminary certified survey map, the subdivider shall consult with the Town to review general subdivision requirements and information on meeting dates, agenda deadlines and application filing requirements.
(2)
Coordination with Zoning Map amendments. Land divisions and subdivisions must comply with the applicable zoning ordinance and map. In the event that the subdivider is proposing to rezone the property concurrently with the approval of a proposed preliminary plat, the subdivider may simultaneously submit both applications for review and approval; provided, however, that the subdivider executes a waiver extending the statutory review period to include the final approval of the rezoning.
B.
Concept plan. Before submitting a preliminary plat for approval, the subdivider is required to prepare and present a concept plan and a preliminary environmental assessment document to a panel including one member from the Town Board, the Plan Commission, the Sanitary District in which the property may be located, and any other applicable committees that the Town may have at the time. The concept plan shall show the possible relationships between the proposed subdivision and future subdivision, as all new subdivisions shall relate well with existing or potential adjacent subdivisions. Review of a concept plan shall be required unless expressly waived by the Town Board.
C.
Submission of preliminary plat.
(1)
Prior to submitting a final subdivision plat, the subdivider or their agent shall prepare a preliminary plat and file a written application for its review with the Town Clerk.
(2)
Applicant shall provide 14 copies of the preliminary plat together with all necessary fees at least 30 days prior to the meeting of the Plan Commission. The applicant shall also sent two copies to the City of Green Lake, if in its extraterritorial plat approval jurisdiction. It shall be the responsibility of the subdivider to submit the original drawing of the preliminary plats to the State Department of Administration in accordance with § 236.12(3), Wis. Stats.
(3)
The Town shall, within 90 days from the date of filing of a preliminary subdivision plat, approve, approve conditionally, or reject the preliminary subdivision plat based on its determination of conformance with the provisions of this chapter.
D.
Drafting standards. The subdivider shall submit to the Town Clerk and to those agencies having the authority to object to plats under provision in Ch. 236, Wis. Stats., copies of a preliminary plat based upon an accurate exterior boundary survey by a professional land surveyor which shall clearly show the proposed subdivision at a scale of not more than one inch per 100 feet.
E.
Referral to other agencies. The subdivider shall, within two days after filing, transmit four copies to the Green Lake County Planning Agency, two copies to the Wisconsin Department of Transportation if the subdivision abuts or adjoins a state trunk highway or a connecting street, two copies to the Wisconsin Department of Safety and Professional Services if the subdivision is not served by public sewer and the provision of such services has not been made, two copies to the Wisconsin Department of Natural Resources if shorelands are contained within the proposed subdivision, and an adequate number of copies to the Town Board. The County Planning Agency, Wisconsin Department of Transportation, Department of Safety and Professional Services and Wisconsin Department of Natural Resources shall hereafter be referred to as objecting agencies.
F.
Preliminary plat requirements.
(1)
A preliminary subdivision plat shall be prepared on reproducible material and shall show correctly on its face the following information:
(a)
Title under which the proposed subdivision plat is to be recorded and a general legal description by 1/4 quarter section or government lot, section, town, range, county and state of where the subdivision plat is located, along with a metes and bounds description of the exterior boundary of the proposed subdivision plat.
(b)
Vicinity map with the general legal description, showing the location of the proposed subdivision plat in relation to the road system in the immediate area and to a nearby municipality. Also show any lake and stream accesses in relation to the proposed subdivision plat.
(c)
Date, graphic and written scale of not more than 100 feet to the inch and a North arrow with a basis for bearings.
(d)
Names and addresses of the owner and/or subdivider and land surveyor preparing the preliminary plat.
(e)
Entire area contiguous to the proposed subdivision plat owned or controlled by the applicant shall be included on the preliminary plat even though only a portion of such area is proposed for immediate development.
(f)
Bearings and distances of the exterior boundaries of the preliminary plat, being tied to a quarter section boundary line of the Public Land Survey System of the section in which the preliminary plat is located, and identify the corners at each end of that boundary line and the bearing and distance between them.
(g)
The total number of lots with total acreage.
(h)
Contours at vertical intervals of not more than two feet where the slope of the ground surface is 5% or less and of not more than four feet where the slope of the surface of the ground is greater than 5%. Elevations shall be marked on such contours based on mean sea level datum, or where, in the judgment of the Town Board, undue hardship would result because of the remoteness of the land area from a mean sea level reference elevation bench mark another datum may be used. It is further required that a bench mark be established near the center of the preliminary subdivision plat at the same datum as the contours and identified on said plat.
(i)
Water elevations of adjoining lakes and streams at the date of survey, ordinary high-water elevation, designated flood fringe, floodway or floodplain and wetlands.
(j)
Location, right-of-way width and names of all existing and proposed streets, alleys or public ways, easements, railroads and utility right-of-way and all section and quarter section lines within the proposed subdivision plat or immediately adjacent thereto.
(k)
Location and names of any adjacent subdivisions, parks, schools, cemeteries and owners of record of abutting unplatted lands.
(l)
Type, width and elevation of any existing street pavements within the exterior boundaries of the proposed subdivision plat or immediately adjacent thereto, together with any legally established center-line elevations, all to the datum used for the contours.
(m)
Locations of all existing property boundary lines, structures, drives, streams and watercourses, marshes, rock outcrops, wooded areas, railroad tracks, and other similar significant features within the proposed subdivision plat or immediately adjacent thereto.
(n)
Dimensions of all lots, together with proposed lot and block numbers.
(o)
Location and 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 subdividing.
(p)
Approximate radius of all curves.
(q)
Existing zoning and proposed land use included within or adjacent to the proposed subdivision plat.
(r)
Corporate limit lines.
(2)
A preliminary plat for a proposed subdivision not served by public sewer shall be submitted with additional information demonstrating that sufficient land area has been designated within each proposed lot to accommodate the installation of a private on-site wastewater treatment system (POWTS) consistent with Ch. SPS 383, Wis. Adm. Code (per § 195-17B). POWTS information shall be submitted on a separate sheet, showing, in addition to that required under § 195-19F(1), the following:
(a)
Title referencing the name of the associated preliminary plat and identifying the purpose of the sheet(s) for presenting POWTS information.
(b)
Location of all existing features that would limit the location or inhibit the function of a POWTS, including structures, paved or compacted areas, drives, streams and watercourses, marshes, rock outcrops, railroad tracks, subsurface utilities and other similar features.
(d)
Location of soil borings, soil pits, and soil saturation observation pipes.
(e)
All areas with land slopes exceeding 25%.
(f)
Shape and location of primary and replacement soil absorption area for each lot.
(g)
Shape and location of area available for installation of wells or water supply lines on each lot.
(3)
A preliminary subdivision plat for a proposed subdivision plat not served by public sewer shall be accompanied by the following additional POWTS data:
(a)
Soil boring, soil pit, and soil saturation observation pipe data and profile descriptions, in a format prescribed by Ch. SPS 385, Wis. Adm. Code, with elevations referenced to the vertical datum established for the preliminary subdivision plat.
(b)
Identification of proposed POWTS soil absorption system options for each lot.
(c)
Proposed elevations of primary and replacement infiltrative surfaces for each lot.
(5)
The following shall also be filed with the preliminary plat. The Town shall examine these materials to assure that all documents are included and whether they appear to comply with the requirements of this chapter.
(a)
Use statement. A summary statement of the proposed development, indicating the subdivider's intent, schedule of development, itemized proposed land uses, acreages, type and number of proposed dwelling units; maximum amount of commercial and industrial building footage that would be possible under the proposed zoning; types of business or industry so as to reveal the effect of the development projected average daily traffic and increased fire hazards and congestion of population anticipated at build-out (two 8.5-inch-by-11-inch pages maximum).
(b)
Draft developer's agreement. The legal instrument allocating subdivision and facility construction responsibilities of the subdivider.
[1]
The development agreement shall constitute a binding agreement between the Town and subdivider and shall contain the terms and conditions negotiated to and agreed upon by the parties.
[2]
The subdivider shall propose the terms and conditions of the agreement. The Town is under no obligation to approve the agreement and may only do so when it finds the terms and conditions to be favorable to the public interest.
[3]
Except as may otherwise be expressly provided in the development agreement, the development agreement shall create no rights enforceable by any party which is not a signatory of the agreement.
[4]
The development agreement shall contain a clause that any breach of the agreement by the municipality shall give rise only for damages under state contract law and shall not give rise to any liability for violation of the Fifth and Fourteenth Amendments of the U.S. Constitution or similar state constitutional provisions.
[5]
The development agreement shall include a clause that the Town's duties under the agreement are expressly conditioned upon the subdivider's substantial compliance with each term, condition, provision and covenant of the agreement, and all applicable federal, state and local laws and regulations.
(c)
Zoning. Current zoning should be shown on the plat. If any zoning changes, variances or special exceptions are contemplated, the proposed zoning plan for the areas, including setbacks and dimensions, shall be provided.
(d)
Soils investigation report. The subdivider shall provide a preliminary soils report listing the results of all soil boring and percolation tests performed within the plat boundary, indicating the types of soil in the proposed subdivision. The Town 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.
(f)
Stormwater management report. Runoff calculations and proposed stormwater management facility plans for the proposed subdivision as it relates to the entire drainage basin in which it is located. Information must contain sufficient detail as required by the Town Engineer to ascertain adequacy or deficiency of the proposed system.
(g)
Draft grading and erosion control plans for dedicated lands. Draft grading and erosion control plans shall be submitted for lands dedicated or reserved for parks, playgrounds, drainageways, detention or retention ponds or other public use.
(h)
If there are streams, lakes, ponds, flowages, or wetlands within the plat or within 300 feet of the proposed plat, an accurate map showing their location and normal water elevation must be provided.
G.
Street plans and profiles. The applicant shall provide street plans and profiles showing existing ground surface, proposed and established street grades, including extensions for a reasonable distance beyond the limits of the proposed subdivision plat.
H.
Covenants. The Town Board may require submission of a draft of protective covenants whereby the applicant intends to regulate land use in the proposed subdivision plat and otherwise protect the proposed development.
I.
Affidavit. The land surveyor preparing the preliminary subdivision plat shall certify on the face of the preliminary subdivision plat that it is a correct representation of all existing land divisions and features and that full compliance with the provisions of this chapter have been met.
J.
Preliminary plat review and approval.
(1)
Plan Commission review. Upon receipt of the application for preliminary plat and all accompanying material, the Town Clerk shall include the application on the agenda of the next scheduled meeting of the Plan Commission and shall publish notice of the meeting as provided by law.
(2)
Standards for approval of a preliminary plat. Both the Plan Commission and Town Board in their review and action on the proposed preliminary plat will consider the following standards. The preliminary plat shall be reviewed by the Town Planner, Town Engineer and Town Attorney. No preliminary plat shall be approved unless the subdivider presents clear and convincing evidence that:
(a)
All required facilities have been designed in accordance with the standards of the Town and this chapter.
(b)
All areas within the proposed subdivision which may involve special soil, topographical, special and unique environmental conditions, and surface water and groundwater features have been identified, and that the proposed use has been designed and planned to be compatible with or to have minimal impacts on such conditions and features.
(c)
The proposed subdivision will not result in scattered subdivision of land that leaves undeveloped parcels of land in conflict with the Town Comprehensive Master Plan and the applicable Zoning Map.
(d)
The subdivider has taken every effort to mitigate the impacts of the proposed subdivision on the public health, safety and welfare.
(e)
All requested documents and information have been submitted in timely and sufficient form to permit review by the Town.
(3)
Plan Commission recommendation. After review of the preliminary plat and negotiations with the subdivider on changes and the kind and extent of improvements which will be required, the Plan Commission shall recommend to the Town Board disapproval, approval or conditional approval of the preliminary plat.
(4)
Town Board review. The Town Clerk shall schedule a public meeting on the preliminary plat before the Town Board. The Town Clerk shall give notice of the Town Board's review and public meeting on the preliminary plat by listing it as an agenda item in the Board's meeting notice published in the official Town newspaper. The notice shall include the name of the applicant, the address of the property in question and the requested action.
(5)
Effect of preliminary plat approval. The Town Board shall either approve, approve conditionally or reject the preliminary subdivision plat within 90 days of submittal, as provided in Ch. 236, Wis. Stats. 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 12 months of preliminary plat approval and conforms substantially to the preliminary plat layout, the final plat incorporating all or part of the area encompassed in the preliminary plat shall be entitled to approval with respect to such layout. If a final plat has not been submitted within the twelve-month period, then the preliminary plat is null and void, and the subdivider must restart the land subdivision process beginning with the preliminary consultation step.
(6)
Preliminary plat amendment. Should the subdivider desire to amend the preliminary plat as approved, the subdivider may resubmit the amended plat, which shall follow the same procedure. If in the opinion of the Town Board the amendment is of such scope as to constitute a new plat, a new plat shall be refiled.