[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
Prior to the filing a land division or development for approval, the owner shall consult with the Plan Commission and its staff in order to obtain their advice and assistance. This consultation is not formal, but is intended to inform the owner of the purpose and objectives of this chapter, the Comprehensive Plan, Comprehensive Plan components, neighborhood plans and duly adopted plan implementation devices of the municipality and to otherwise assist the owner in planning the development. In so doing, both the owner and planning agency may reach mutual conclusions regarding the general program and objectives of the proposed development and its possible effects on the neighborhood and community. The owner will gain a better understanding of the subsequent required procedures.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A. 
Preliminary plat filing. Before submitting a final plat for approval, the owner shall prepare a preliminary plat and a letter of application. The preliminary plat shall be prepared and filed in accordance with this chapter and Chapter 236, Wisconsin Statutes.
B. 
Preliminary plat review.
(1) 
The Plan Commission shall review the preliminary plat for conformance with:
(a) 
The provisions of Chapter 236, Wisconsin Statutes.
(b) 
This chapter.
(c) 
Any local Master Plan adopted under state statutes.
(d) 
Any Official Map adopted under state statutes.
(e) 
Any local rules and regulations.
(f) 
Any Comprehensive Plans or Comprehensive Plan components.
(g) 
Any neighborhood plans.
(2) 
The Plan Commission should, within 75 days of the date of filing of a preliminary plat, recommend approval, approval conditionally or rejection of such plat to the governing body unless the time is extended by agreement, in writing, with the owner.
(3) 
The governing body should, within 90 days of the date of the filing of a preliminary plat, approve, approve conditionally or reject such plat unless the time is extended by agreement, in writing, with the owner.
(4) 
Failure of the governing body to act within 90 days shall constitute an approval of the preliminary plat as filed.
(5) 
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 the preliminary plat approval and conforms substantially to the preliminary plat layout as indicated in § 236.11(1)(b), Wisconsin Statutes, and all conditions imposed as part of the preliminary plat approval have been satisfied, 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 the governing body at the time of its submission.
(6) 
Objections must be satisfied. The preliminary plat shall not be finally approved or deemed finally approved until all objections of all objecting and approving authorities and all conditions of the Plan Commission and governing body have been satisfied.
C. 
Final plat filing. The final plat shall be prepared and filed in accordance with this chapter and Chapter 236 of the Wisconsin Statutes.
D. 
Final plat review.
(1) 
The Plan Commission shall review the final plat for conformance with:
(a) 
The approved preliminary plat.
(b) 
Any conditions of approval of the preliminary plat.
(c) 
The provisions of Chapter 236, Wisconsin Statutes.
(d) 
This chapter.
(e) 
Any local Master Plan adopted under state statutes.
(f) 
Any Official Map adopted under state statutes.
(g) 
Any local rules and regulations.
(h) 
Any Comprehensive Plans or Comprehensive Plan components.
(i) 
Any neighborhood plans.
(2) 
The Plan Commission should, within 30 days of the date of filing of a final plat, recommend approval, approval conditionally or rejection of such plat to the governing body unless the time is extended by agreement, in writing, with the owners.
(3) 
The governing body should, within 60 days of the date of filing of a final plat, approve, approve conditionally or reject such final plat unless the time is extended by agreement, in writing, with the owner.
(4) 
Failure of the governing body to take action on the plat within 60 days, the time having not been extended and no unsatisfied objections having been filed and no unsatisfied conditions of the preliminary plat approval, the final plat shall be deemed approved.
(5) 
Miscellaneous provisions.
(a) 
Submission. If the final plat is not submitted within 36 months of the last required approval of the preliminary plat, the governing body may refuse to approve the final plat unless otherwise provided for in the developer's agreement by means of a phase development timetable.
(b) 
Partial platting. If permitted by the governing body, the approved preliminary plat may be finally platted in phases with each phase encompassing only that portion of the approved preliminary plat which the owner proposes to record at one time; however, it is required that each such phase be final platted and be designated as a "phase" of the approved preliminary plat. Subsequent phases of the final plat shall be filed in accordance with the schedule set forth in the developer's agreement, as adopted or amended by the governing body.
(c) 
Recordation. After the final plat has been approved by the governing body and required improvements either installed or a contract and sureties insuring their installation is filed, the Clerk shall cause the certificate inscribed upon the final plat attesting such approval to be duly executed and the final plat recorded with the County Register of Deeds.
(d) 
Duplicate plat. An identical reproducible copy of the plat (on stable drafting film at least four mils thick) along with the recording data shall be placed on file with the Town Clerk.
(e) 
Final plats submitted for approval before all improvements are ready to be accepted by the municipality will only receive conditional approval from the governing body and said approval will be conditioned upon all improvements being completed and accepted by the municipality.
(6) 
Objections must be satisfied. The final plat shall not be finally approved or deemed finally approved until all objections of all objecting and approving authorities and all conditions of the Plan Commission and governing body have been satisfied.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A. 
Certified survey map filing.
(1) 
Any division of land other than a subdivision, condominium plat, replat or assessor's plat, as defined in this chapter, and/or as necessitated by Chapter 36, Finance and Taxation, Article III, Combination of Land Parcels; Creation of Tax Key Numbers, of this Code, shall be divided by the owner by use of a certified survey map. The certified survey map shall be prepared and filed in accordance with this chapter and Chapter 236, Wisconsin Statutes.
(2) 
The owner shall file 10 copies of the certified survey map and the letter of application with the Town Clerk at least 25 days prior to the meeting of the Plan Commission at which action is desired.
(3) 
The Clerk shall, as soon as practicable, transmit the copies of the certified survey map and the letter of application to the Plan Commission and governing body.
(4) 
The Clerk shall transmit a copy of the certified survey map to all affected boards, commissions or departments for their review and recommendation concerning matters within their jurisdiction. Their recommendation shall be transmitted to the Plan Commission as soon as practicable from the date the map is filed.
B. 
Certified survey map review.
(1) 
The Plan Commission shall review the certified survey map for conformance with:
(a) 
The provisions of Chapter 236, Wisconsin Statutes.
(b) 
This chapter.
(c) 
Any local Master Plan adopted under state statutes.
(d) 
Any Official Map adopted under state statute.
(e) 
Any local rules and regulations.
(f) 
Any Comprehensive Plans or Comprehensive Plan components.
(g) 
Any neighborhood plans.
(2) 
The Plan Commission should, within 45 days of the date of filing a certified survey map, recommend approval, approval conditionally or rejection of such certified survey map to the governing body unless the time is extended by agreement with the owner.
(3) 
The governing body should, within 90 days of the date of the filing of a certified survey map, approve, approve conditionally or reject such certified survey map unless the time is extended by agreement with the owner.
(4) 
If the certified survey map is rejected, the reason shall be stated in the minutes of the meeting and a written statement forwarded to the owner.
(5) 
If the certified survey map is approved, the Town Board should cause the Clerk to so certify on the face of the original map and return the map to the owner at such time as all conditions are satisfied.
(6) 
The owner shall record the map with the County Register of Deeds within the time frame prescribed by § 236.34(2), Wis. Stats. If the owner fails to record the map within the time frame prescribed by § 236.34(2), Wis. Stats., the previously approved map is hereby rejected and the owner must recommence the entire procedure in this chapter unless an extension of time to file has been granted by the governing body.
(7) 
Duplicate certified survey map. An identical reproduction copy of the certified survey map (on stable drafting film at least four mils thick) along with the recording data shall be placed on file with the Town Clerk.
[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 boundaries of a recorded subdivision, or part thereof, the owner or person wishing to replat shall vacate or alter the recorded plat as provided in §§ 236.40 through 236.44, Wisconsin Statutes. The owner, or person wishing to replat, shall then proceed as specified in § 288-20 above. The Clerk shall schedule a public hearing before the Plan Commission when a preliminary plat of a replat of lands within the municipality is filed, and shall cause notices of the proposed replat and public hearing to be mailed to the owners 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.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
A. 
Lot line adjustment. In every situation, regardless of circumstances, that a property owner seeks to convey land or a portion of property in a manner that would adjust a lot line or create or eliminate a lot line, and that conveyance does not require a certified survey map or subdivision plat pursuant to this chapter, and where an adjacent property owner intends to acquire such interest in that land or property, the proposed action shall be submitted to the Town of Ottawa Plan Commission for prior review before the conveyance documents are signed and before the conveyance is recorded in the office of the Waukesha County Register of Deeds. Such application must be filed with the Town Clerk along with a fee payment to offset all or part of the cost of this limited review, in an amount to be determined from time to time by separate resolution of the Town Board, or in accordance with Chapter 36, Article II, Fees for Services of Professionals, or in accordance with Article X of this chapter. The Town Plan Commission review shall be limited to considering whether the conveyance is in compliance with § 236.45(2)(am)(3), Wis. Stats., and the applicable laws cited therein, including this chapter, the applicable Waukesha County Zoning Ordinances, and other applicable laws and ordinances. Such conveyance can only be approved if the same number of lots exist prior to the conveyance as would exist after the conveyance. Such conveyance can only be approved if the resulting lots would all be both legal and conforming, even if any such lots are legal nonconforming prior to the conveyance, because the conveyance creates new lots which do not predate this chapter and, therefore, have no legal nonconforming rights except as described in Subsection B. Such conveyance must not be approved if the conveyance includes land that has a legal nonconforming use, because the legal nonconforming rights are limited to use of the preexisting lot. Such conveyance shall not be approved if any of the resulting lots and the existing improvements on the lots would be in violation of applicable open space requirements. Such conveyance shall not be approved if the conveyance would make an existing conforming structure illegal or nonconforming, or would increase the extent of any preexisting legal nonconformity of an existing structure.
B. 
Outlot exception.
(1) 
The requirements of Subsection A apply equally to outlots, except that the requirement that the resulting lots must all be both legal and conforming does not apply to an outlot if all of the following circumstances exist:
(a) 
The outlot was created by certified survey map.
(b) 
The certified survey map that created the outlot includes an expressly stated restriction or plat note on the certified survey map specifically allowing the outlot or a portion thereof to be attached to an abutting legal nonconforming lot.
(c) 
The outlot does not include required open space, stormwater facilities, or other conditions or improvements that were necessarily preserved on the outlot when the land division created the outlot.
(d) 
The outlot is not deed restricted in a manner that would prevent the outlot from being used as a building site.
(e) 
The outlot is combined with the abutting nonconforming lot by certified survey map.
(2) 
When an outlot is enlarged by combination with an abutting legal nonconforming lot as described herein, even if it continues to be at a nonconforming size, it shall be deemed to be conforming for purposes of constituting a building site pursuant to § 236.13(6), Wisconsin Statutes, provided that all construction on the resulting lot otherwise complies with all provisions of this Code and the applicable Waukesha County Zoning Ordinances.
C. 
Penalties. Any person, firm, or corporation who or which violates or fails to comply with the provisions of this section shall be subject to § 288-17, Penalties and remedies, of this chapter.