A. 
Preapplication conference. Prior to the filing of an application for the approval of a preliminary plat, the subdivider shall be required to file a sketch plan and to consult with all affected utilities, and with the Village staff in order to obtain their advice and assistance. This consultation is mandatory and is intended to inform the subdivider of the purpose and objectives of these regulations, Chapter 226, Comprehensive Plan, comprehensive plan components, and duly adopted plan implementation devices of the Village and to otherwise assist the subdivider in planning the development. In so doing, both the subdivider and planning staff may reach mutual conclusions regarding the general program and objectives of the proposed development and its possible effects on the neighborhood and surrounding area. The subdivider will gain a better understanding of the subsequent required procedures. Following the preapplication conference and prior to any further Village action with respect to a proposed land division, the subdivider shall execute a cost recovery agreement obligating the subdivider to reimburse the Village for any additional or consequential costs to the Village as a result of the application, including but not limited to engineering, legal or other professional services, which are deemed necessary for review and the appropriate processing of the application.
B. 
Sketch plan review. The developer may, but is not required to, submit the sketch plan prepared in accordance with this chapter to the Plan Commission for review. If electing this review, the subdivider shall file a sufficient number of copies of the sketch plan and the application with the Village Clerk (or other Village Board authorized agent) as determined by Village staff, together with all necessary fees, at least 30 days prior to the meeting of the Plan Commission at which the first preapplication conference and consideration is desired. In addition:
(1) 
Copies of sketch plan to Plan Commission. The Village Clerk (or other Village Board authorized agent) shall transmit sufficient copies to the Plan Commission.
(2) 
Copies of sketch plan to affected Village commissions or departments. The Village Clerk (or other Village Board authorized agent) shall transmit a copy of the sketch plan to all affected Village commissions or departments, the Village Engineer and the Village Planner for their review and recommendations concerning matters within their jurisdiction.
(a) 
The recommendations of the Village commissions and departments, the Village Engineer and the Village Planner, and of affected local utilities shall be transmitted to the Plan Commission within 20 days from the date the sketch plan is filed.
(b) 
The sketch plan shall then be reviewed by the Plan Commission for general conformance with this chapter and all other ordinances, rules, regulations, adopted regional or county development plans, the Village Comprehensive Plan or adopted plan components which affect it.
Before submitting a final plat for approval, the subdivider shall prepare a preliminary plat and an application. The preliminary plat shall be prepared in accordance with this chapter, and the subdivider shall file sufficient copies of the preliminary plat, natural resource protection plan (if required), landscape plan for any landscape easement areas (see Article V) and the application with the Village Clerk (or other Village Board authorized agent), together with all necessary fees, at least 25 days prior to the meeting of the Plan Commission at which first consideration is desired. In addition:
A. 
Copies of preliminary plat to be transmitted by Village Clerk (or other Village Board authorized agent). The Village Clerk (or other Village Board authorized agent) shall transmit:
(1) 
Sufficient copies to the Plan Commission;
(2) 
Sufficient copies to the Village Board;
(3) 
One copy each to the Village Planner and Village Engineer;
(4) 
Sufficient copies to the Wisconsin Department of Administration;
(5) 
Additional copies to the Wisconsin Department of Administration for retransmission of copies each to:
(a) 
The Wisconsin Department of Transportation, if the subdivision abuts or adjoins a state trunk highway or a connecting street;
(b) 
The Wisconsin Department of Safety and Professional Services, if the subdivision is not served by a public sewer, and provision for such service has not been made; and
(c) 
The Wisconsin Department of Natural Resources, if shorelands or floodplains are contained within the proposed subdivision.
(6) 
One copy to each school board with jurisdiction;
(7) 
Sufficient copies to the Village Park Commission.
B. 
Fees required by state agencies to be transmitted by Village Clerk (or other Village Board authorized agent). Any appropriate fees paid by the subdivider for the required state agency reviews shall be made payable to the appropriate state agencies by the subdivider and forwarded by the Village Clerk (or other Village Board authorized agent) to the Wisconsin Department of Administration.
C. 
Copies of preliminary plat to be transmitted by Village Clerk (or other Village Board authorized agent) to affected Village commissions or departments. The Village Clerk (or other Village Board authorized agent) shall transmit a copy of the preliminary plat to all affected Village commissions or departments for their review and recommendations concerning matters within their jurisdiction. The recommendations of Village commissions, departments, the Village Planner, state agencies, and affected local utilities shall be transmitted to the Plan Commission within 20 days, or 30 days in the case of the Department of Administration, from the date the plat is filed.
D. 
Plan Commission review and recommendation to Village Board.
(1) 
Plan Commission review. The preliminary plat shall then be reviewed by the Plan Commission for conformance with this chapter and all other ordinances, rules, regulations, adopted regional or county development plans, the Village Comprehensive Plan or adopted plan components which affect it.
(2) 
Plan Commission recommendation to Village Board. The Plan Commission shall recommend to the Village Board approval, conditional approval, or rejection of the preliminary plat and shall transmit its recommendation, to the Village Board.
E. 
Park Commission review and recommendation to Village Board.
(1) 
Park Commission review. The preliminary plat shall then be reviewed by the Park Commission for conformance with all ordinances, rules, regulations, and plans pertaining to the development, acquisition or use of parklands within the Village.
(2) 
Park Commission recommendation to Village Board. The Park Commission shall recommend to the Village Board approval, conditional approval, or rejection of the preliminary plat and shall transmit its recommendation, to the Village Board.
A. 
Notification by objecting agencies. The objecting agencies shall, within 20 days of the date of receiving their copies of the preliminary plat, or 30 days in the case of the Department of Administration, notify the subdivider and all other approving and objecting agencies of any objections.
(1) 
Certification of no objections required. If there are no objections, they shall so certify in writing to the Village Clerk (or other Village Board authorized agent).
(2) 
Failure of objecting agency to act on preliminary plat. If an objecting agency fails to act within 20 days, or 30 days in the case of the Department of Administration, it shall be deemed to have no objections to the plat.
B. 
Village Board action. The Village Board, within 90 days of the date of filing a preliminary plat with the Village Clerk (or other Village Board authorized agent), shall approve, approve conditionally, or reject such plat, unless the time is extended by agreement with the subdivider.
(1) 
Notification to subdivider of Village Board action. One copy of the plat may 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.
(2) 
Filing of preliminary plat in Village Board's permanent file. One copy each of the plat and letter shall be placed in the Village Board's permanent life.
C. 
Failure of Village Board to act. Failure of the Village Board to act within 90 days of the date of filing, or within the time extended by agreement with the subdivider, shall constitute an approval.
D. 
Approval or conditional approval of a preliminary plat. 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 as indicated in § 236.11(1)(b), Wis. Stats., the final plat shall be entitled to approval with respect to such layout.
A. 
Designation of approving authorities. The Village Board is the designated approving authority.
B. 
Designation of objecting agencies. The Wisconsin Department of Administration and the Wisconsin Department of Safety and Professional Services shall be hereinafter referred to as "objecting agencies."
C. 
Final plat and application submittal. The subdivider shall prepare a final plat and an application in accordance with this chapter and shall file an adequate number of copies of the final plat and the application as set forth below:
(1) 
Submittal of final plat to the Wisconsin Department of Administration. Before any approvals of the final plat are made, the subdivider or subdivider's agent shall submit the original final plat to the Wisconsin Department of Administration, which shall forward, at the subdivider's expense, the following:
(a) 
Two copies to the Wisconsin Department of Transportation, if the subdivision abuts or adjoins a state trunk highway or a connecting street;
(b) 
Two copies to the Wisconsin Department of Safety and Professional Services, if the subdivision is not served by a public sewer and provision for such service has not been made; and
(c) 
Two copies to the Wisconsin Department of Natural Resources, if shorelands are contained within the proposed subdivision.
(2) 
Submittal of final plat to the Village Clerk (or other Village Board authorized agent). After approval by the Department of Administration and other state departments, the subdivider shall file sufficient copies of the final plat and an application with the Village Clerk (or other Village Board authorized agent), along with the proper fees in accordance with Article XIV of this chapter and the receipt of the proper filing fees of each of the other approving authorities.
(3) 
Village Clerk (or other Village Board authorized agent) transmittal of final plat. The Village Clerk (or other Village Board authorized agent) shall, within two working days after the filing by the subdivider, transmit, with a cover letter and copies of the final plat and application:
(a) 
Sufficient copies to the Plan Commission;
(b) 
Sufficient copies to the Village Board;
(c) 
One copy to the Village Planner;
(d) 
One copy to the school board with jurisdiction;
(e) 
Additional copies that may be requested by approving and objecting agencies; and
(f) 
Sufficient copies to the Village Park Commission.
D. 
Plan and Park Commission examination.
(1) 
Plan Commission examination. 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 ordinances, rules, regulations, adopted regional and county development plans or the local Comprehensive Plan and adopted plan components which may affect it.
(2) 
Park Commission examination. The Park Commission shall examine the final plat as to its conformance with any rules, regulations, or provisions of adopted plans which may affect the use, acquisition, or location of parklands within the Village.
E. 
Partial platting.
(1) 
Plat phasing. The final plat may, if permitted by the Village Board, be platted as a final plat in phases, with each phase constituting only that portion of the approved preliminary plat which the subdivider proposes to record at that time. It is required that each such phase be platted as a final plat and be designated as a "phase" of the approved preliminary plat.
(2) 
Time extension for approval of a final plat for portion of preliminary plat. Final plat approval for only a portion of the preliminary plat shall extend approval for the remaining portion of the preliminary plat for six months from the date of such final plat approval.
F. 
Contract ("subdivider's agreement") required. Prior to installation of any required improvements, and prior to approval of the final plat, the subdivider shall enter into a written contract (subdivider's agreement") with the Village requiring the subdivider to furnish and construct said improvements at the subdivider's sole cost and in accordance with plans and specifications and usual contract conditions, which shall include provision for inspection of construction by the Village or its agent.
A. 
Objecting agencies. The objecting agencies shall, within 20 days of the date of receiving their copies of the final plat, or 30 days in the case of the Department of Administration, notify the subdivider and all other approving and objecting agencies of any objections.
(1) 
If there are no objections, they shall so certify in writing to the Plan Commission.
(2) 
If an objecting agency fails to act within 20 days, or 30 days in the case of the Department of Administration, it shall be deemed to have no objections to the plat.
B. 
Submission. If the final plat is not submitted within 36 months of the required approval of the preliminary plat, the approving authorities may refuse to approve the final plat. Extensions may be granted upon mutual agreement of all approving authorities.
C. 
Plan and Park Commission recommendation to the Village Board. The Plan and Park Commissions shall, within 40 days of the date of filing of the final plat with the Village Clerk (or other Village Board authorized agent), 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.
D. 
Approval or rejection of final plat. The Village Board shall, within 60 days of the date of filing the original final plat with the Plan Commission, approve or reject such final plat, unless the time is extended by agreement with the subdivider.
(1) 
If the final 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 and surveyor.
(2) 
The Village Board may not inscribe its approval on the final plat unless the Department of Administration has certified in writing that the copies were forwarded to the objecting agencies as required herein, the date thereof, and that no objections have been filed within 20 days or, if filed, have been met.
(3) 
Upon failure of the Village Board to act within 60 days, the time having not been extended, and no unsatisfied objections having been filed, the final plat shall be deemed approved.
E. 
Recordation.
(1) 
After the final plat has been approved by the Village Board, and all public improvements required by the Village (or village with extraterritorial plat approval jurisdiction) to be installed have been completed, or a developer's agreement with sufficient sureties has been executed and filed with the Village Clerk, the Village Clerk shall cause the certificate inscribed upon the final plat attesting to such approval to be duly executed and the plat returned to the subdivider for recording with the Kenosha County Register of Deeds. When the Village Plan Commission and the Village Board have conditionally approved a final plat, the subdivider shall satisfy all of the conditions specified for the execution of the plat, within 60 days of such conditional approval.
(2) 
Pursuant to § 236.25(2)(b), Wis. Stats., the subdivider must present the final plat to the Kenosha County Register of Deeds for recording within 90 days of the last approval by the Village, but in no event more than 36 months after first approval.
F. 
Copies. The subdivider shall file an adequate number of copies of the final plat with the Village Clerk (or other Village Board authorized agent) as necessary for the Village and other affected agencies for their files.
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 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 §§ 236.40 through 236.44, Wis. Stats. The subdivider, or person wishing to replat, shall then proceed as specified in §§ 335-15 through 335-19 of this chapter.
A. 
When used.
(1) 
When it is proposed to divide land into at least two but not more than four parcels or building sites, any of which is 35 acres or less in size, or when it is proposed to create, by land division, not more than four parcels or building sites within a recorded subdivision plat without changing the exterior boundaries of a block, lot or outlot (thus not constituting a "subdivision" as defined in Article XV of this chapter), the subdivider shall subdivide by use of a certified survey map. The certified survey map shall include all parcels of land 35 acres or less in size and may, at the owner's discretion, include any other parcels containing more than 35 acres.
(2) 
A certified survey map may also be used to consolidate lands or dedicate lands for public purposes.
(3) 
Notwithstanding any other provisions herein, the Village Board reserves the authority to exercise powers under § 236.34(1)(ar), Wis. Stats. Specifically, the Village Board, following the procedures set forth in § 236.34(1)(ar), Wis. Stats., may, on a case-by-case basis, adopt resolutions that specify a maximum number of parcels that is greater than four into which land that is situated in the Village and zoned for commercial, industrial, or mixed-use development may be divided by certified survey map.
B. 
Filing of a certified survey map. The subdivider shall prepare the certified survey map in accordance with this chapter.
(1) 
The subdivider shall file a sufficient number of copies of the certified survey map, natural resource protection plan (if required), landscape plan for any landscape easement areas (see Article V), and the application with the Village Clerk (or other Village Board authorized agent) at least 15 days prior to the meeting of the Plan Commission at which action is desired.
(2) 
The Village Clerk (or other Village Board authorized agent) shall, within two working days after filing, transmit copies of the map and application, along with a cover letter, to all approving authorities, including extraterritorial plat review agencies if not waived in writing.
(3) 
The Village Clerk (or other Village Board authorized agent) shall transmit sufficient copies:
(a) 
To the Plan Commission;
(b) 
To the Village Board;
(c) 
To each of the affected Village commissions or departments and to the Village Planner;
(d) 
To each school board with jurisdiction.
(4) 
The recommendations of all approving authorities shall be transmitted to the Plan Commission within 20 days from the date the map is filed with the Village Clerk (or other Village Board authorized agent).
(5) 
The certified survey map shall be reviewed by the Plan Commission for conformance with this chapter and all other ordinances, rules, regulations, adopted regional, county, or Village development or comprehensive plans or adopted plan components which affect it.
(6) 
The Plan Commission shall recommend approval, conditional approval, or rejection of the map and shall transmit the map, along with its recommendations, to the Village Board.
C. 
Village Board approval. In cases where a certified survey map has been transmitted by the Plan Commission 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 90 days from the date of filing of the map, unless the time is extended by agreement with the subdivider.
(1) 
If the map is approved, the Village Board shall cause the Village Clerk (or other Village Board authorized agent) to so certify on the face of the original map and return the map to the subdivider.
(2) 
If the map is rejected, the reason shall be stated in the minutes of the meeting, and a written statement forwarded to the subdivider.
D. 
Natural resource protection plan required. For properties proposed to be divided by certified survey map and that contain natural resource features as described in this chapter, a natural resource protection plan, as described in Article IV, shall be submitted for review by the Village Planner and Plan Commission.
E. 
Deed restrictions and conservation easements. For properties proposed to be divided by certified survey map and which contain natural resources required to be preserved under this chapter, the Plan Commission shall require that deed restrictions and/or conservation easements be filed with the certified survey map.
F. 
Recordation.
(1) 
All improvement requirements, specified by all approving agencies in matters over which they have jurisdiction, shall be met before recording the certified survey map.
(2) 
The subdivider shall record the map with the County Register of Deeds 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.
G. 
Copies. The subdivider shall file a sufficient number of copies of the certified survey map and its accompanying natural resource protection plan with the Village Clerk (or other Village Board authorized agent) for distribution to the Plan Commission, various Village departments, and other affected agencies for their files as set forth under Subsection B.