[Amended 3-22-2004 by Ord. No. 445; 1-23-2006 by Ord. No. 489; 12-11-2006 by Ord. No. 505; 3-13-2017 by Ord. No. 650]
A.
Preliminary and final plats, certified survey map or expanded CSM
required.
(1)
Before an owner, owner's agent or subdivider may proceed with the improvement or sale of a lot or lots in a subdivision, as defined in § 235-5, he or she shall cause to be prepared by a professional land surveyor and shall submit to the Plan Commission for its approval first a preliminary plat and later a final plat of the proposed subdivision or, if a plat is not required by Wis. Stats. Ch. 236, a certified survey map or expanded certified survey map of the proposed subdivision. If division of the land is to be accomplished by certified survey map, the owner, owner's agent or subdivider shall proceed under § 235-16 of this chapter. Under certain circumstances, an expanded CSM may be used in lieu of a plat; See § 235-16.1.
B.
In addition, all subdivision plats, certified survey maps or expanded
certified survey maps reviewed by the Village shall include upon such
plats and maps any regional flood hazard data and the means to provide
adequate surface drainage and to minimize flood damage, as follows:
The applicant shall provide all survey data and computations required
to show the effects of the project on flood heights, velocities and
floodplain storage, for all subdivision proposals, as "subdivision"
is defined herein, and other proposed developments exceeding five
acres in area or where the estimated cost exceeds $125,000.
(1)
The applicant shall provide:
[Amended 1-23-2006 by Ord. No. 489; 3-13-2017 by Ord. No. 650]
A.
Required. Before presenting a final plat to the Plan Commission for
review and the Village Board for its approval, the owner or subdivider
or his agent shall cause to be prepared by a professional land surveyor
and shall submit a preliminary plat to the Plan Commission and Village
Board for approval.
B.
Form. Such plat shall be clearly marked "Preliminary Plat" and shall
be in sufficient detail to determine whether the final plat will meet
layout requirements required in Wis. Stats. Ch. 236. The preliminary
plat shall show, in addition to the statutorily required information,
the following:
(1)
Layout, numbers, areas and typical dimensions of lots and building
setback lines, including dimensions thereof.
(2)
Public off-street parking areas.
(3)
Parcels of land intended to be reserved for public use or to be reserved
by deed covenant for use of all property owners in the subdivision,
along with the conditions of such dedication or reservation.
(4)
Resubdivision of large parcels that may be reasonably expected at
some future time shall be shown by broken lines.
(5)
Nonresidential uses proposed by the subdivider, which shall be clearly
indicated on the lots affected.
(6)
Restrictive covenants running with the land, but if it is not appropriate
to include the restrictions on the preliminary plat, a reference shall
be made to a document to be recorded, and such covenants shall be
submitted as a separate document for review.
C.
Filing preliminary plat.
(1)
Consideration contingent on compliance. Acceptance of a preliminary
plat for consideration shall be contingent upon full compliance with
these regulations as to form, date and other requirements and shall
be based upon a general examination made before formal filing.
(2)
Number required. The owner or subdivider or his agent shall submit
an electronic copy and the number of black line copies of the preliminary
plat required by the Village Clerk for review and recommendation by
the Plan Commission and action by the Village Board.
(3)
Submission of additional plats. Nothing herein contained shall prohibit
the filing of any number of preliminary plats, regardless of whether
the first one has been approved, and optional preliminary plats may
be filed at any time.
(4)
Submission for approving and objecting authority review. The owner,
subdivider or agent shall submit the preliminary plat for all required
approvals pursuant to Wis. Stats. § 236.12.
(5)
The Village Engineer shall provide the Village with his or her conclusions
as to whether the preliminary plat conforms with the Code and state
law and with his or her recommendation on approval of the preliminary
plat. The conclusions and recommendations of the Engineer shall be
made part of the record of the proceeding at which the preliminary
plat is considered.
D.
Action on preliminary plat.
(1)
All preliminary plats shall be reviewed by the Village Plan Commission,
which shall make a recommendation to approve, reject or conditionally
approve the plat to the Village Board. Action on the preliminary plat
by the Village Board shall take place within 90 days after its submission
to the Village unless such time is extended by agreement with the
owner or subdivider or his authorized agent.
(2)
Conformity with the provisions of this chapter, Chapter 245, Zoning, this Municipal Code and Wis. Stats. Ch. 236, where applicable, shall be a condition of approval of a preliminary plat.
(3)
Conditional approval or rejection of the preliminary plat by the
Village Board shall be accompanied by a memorandum stating in clear
and concise terms the reasons for such action, referring to the specific
requirements of this chapter and/or Code that are not being complied
with and stating what changes are necessary to make the preliminary
plat acceptable.
(4)
Notice to the owner or subdivider or his agent of action taken shall be given by returning to such person one copy of the preliminary plat and the memorandum required by Subsection D(3).
(5)
A permanent record of action taken shall be maintained in the minutes
of the Village Board.
[Amended 1-23-2006 by Ord. No. 489; 1-10-2011 by Ord. No. 561; 3-13-2017 by Ord. No. 650]
A.
Required. When the survey of the subdivision is completed, the owner
shall cause to be made by a professional land surveyor a final plat,
which shall represent fully and accurately the completed survey of
the subdivision and shall comply with all the requirements of this
section.
B.
Form. The form of the final plat shall meet the requirements of the
Racine County Register of Deeds and shall comply with Wis. Stats.
Ch. 236. In addition, the plat shall meet the following requirements:
(1)
Lot areas: a brief statement relating to lot areas, which shall be in compliance with the requirements of Chapter 245, Zoning, substantially as follows: "The minimum area of any residential lot in this subdivision is _____ square feet."
(2)
Reserved areas: all areas to be reserved by deed or covenant for
the common use of all property owners in the subdivision.
(3)
Other pertinent features: all other existing physical features pertinent
to proper land division.
C.
Submission of final plat.
(1)
Time limit. The final plat shall be submitted to the Village Plan
Commission and Village Board for approval within 36 months from the
date of the last required approval of the preliminary plat, provided
that the Village may extend such time limit upon request therefor
made by the subdivider, owner or agent. If the final plat is not submitted
within such time limit or extended time limit, the Village Board may
refuse to approve the final plat.
(2)
Recommended changes to be incorporated. Corrections and additions
to the preliminary plat recommended by the Village shall be incorporated
in the final plat before it is submitted for approval.
(3)
Improvement plans and specifications required. Plans and specifications
for all improvements required by this chapter shall accompany the
final plat.
(4)
Plat of part of proposed subdivision may be submitted. The final
plat may, if permitted by the Village Board, include only that portion
of the approved preliminary plat that the subdivider proposes to record
at that time.
D.
Action on final plat.
(1)
Investigation. The Village Engineer shall provide the Village with
his or her conclusions as to whether the final plat conforms substantially
to the preliminary plat and with his or her recommendation on approval
of the final plat. The conclusions and recommendations of the Engineer
shall be made part of the record of the proceeding at which the final
plat is considered.
(2)
Time limit. The Village Board shall approve or reject the final plat
within 60 days of its submission to the Village, unless the time is
extended by agreement.
(3)
Conditions of approval. No final plat shall be approved by the Village
Board until the following requirements have been complied with, which
shall be evidenced by a certified copy of a resolution of the Village
Board indicating such approval:
(a)
The requirements relating to surveying as specified in Wis.
Stats. § 236.15.
(b)
All the requirements of § 235-12 pertaining to preliminary plat specifications, required improvements and agreements, submission of final plat and final plat specifications.
(c)
All applicable ordinances and codes of the Village in effect
at the time the applicant submits the preliminary plat, or final plat
if no preliminary plat is submitted.
[Amended 1-23-2006 by Ord. No. 489; 3-13-2017 by Ord. No. 650]
A.
No final plat shall be recorded unless the affidavits and certificates
required by Wis. Stats. Ch. 236 are lettered, printed or typed legibly
thereon.
B.
No plat of a subdivision shall be recorded and no lot shown thereon
shall be sold until all approvals as required by state statutes and
this chapter have been affixed thereto. Such approvals shall be lettered,
printed or typed legibly on the face of the plat.
C.
The owner shall submit one original and one copy of the final plat
as approved to the Register of Deeds within the time limit specified
in Wis. Stats. § 236.25(2)(b).
[Amended 1-23-2006 by Ord. No. 489]
To prevent resubdivision of lots platted with
areas of less than 13,000 square feet into smaller lots, the owner
shall provide a notarized agreement with the Village that not more
than one main or principal building will be erected on any residential
lot in the subdivision. This instrument shall be recorded at the time
the plat is recorded.
[Added 3-22-2004 by Ord. No. 445; amended 1-23-2006 by Ord. No. 489; 3-13-2017 by Ord. No. 650]
A.
Development plan and certified survey map required. Before an owner, owner's agent or subdivider may proceed with the improvement or sale of a lot or lots in a land division, as defined in § 235-5, if a plat is not required by Wis. Stats. Ch. 236, he or she shall submit a development plan meeting the requirements of § 245-65C of this Municipal Code (unless already required by the zoning designation of the parcel) and shall cause to be prepared by a professional land surveyor a certified survey map of the proposed land division and shall submit the plan and the map to the Plan Commission and the Village Board for approval. Subsequent certified survey maps of the area contained in the development plan may be submitted in conformance with a previously approved development plan.
B.
Form; information required. The form of and the information required on the certified survey map shall conform to the requirements of Wis. Stats. § 236.34 and, in addition, shall include, when applicable, a brief statement relating to lot areas, which shall be in compliance with Chapter 245, Zoning, substantially as follows: "The minimum area of any residential lot on this certified survey map is _____ square feet."
C.
Other features; certificates and acknowledgments. Other features of the proposed land division required on the certified survey map shall be those required in § 235-13B of this chapter. Certificates and acknowledgments shall be shown in conformance with Wis. Stats. § 236.34.
D.
Submission of certified survey map. Infrastructure improvement plans
and specifications required. Plans and specifications for all infrastructure
improvements required by this chapter shall accompany the certified
survey map.
E.
Action on certified survey map and development plan.
(1)
Investigation. To determine the accuracy of the survey, the Village
Engineer may examine the certified survey map and make field checks
for the accuracy and closure of surveys, the kind and location of
monuments and the legibility of drawings.
(2)
Recommended changes to be incorporated. Corrections and additions
to the certified survey map recommended by the Plan Commission shall
be incorporated prior to its submission to the Village Board.
(3)
Time limit. The Village Board shall approve or reject the certified
survey map and development plan within 90 days after its submission
to the Village by the subdivider, owner or agent, unless said time
is extended by mutual consent.
(4)
Conditions of approval. No certified survey map shall be approved
by the Village Board until the following requirements have been complied
with, which shall be evidenced by a certified copy of a resolution
of the Village Board or a statement on the face of the certified survey
map indicating such approval:
F.
Recording the certified survey map.
(1)
No certified survey map shall be recorded and no lot shown thereon
shall be sold unless the affidavits, certificates and approvals required
by Wis. Stats. Ch. 236 and this chapter are present thereon.
(2)
The owner shall record the certified survey map with the Register
of Deeds within the time limit specified in Wis. Stats. s. 236.34(2),
and shall deliver a recorded copy to the Village Administrator within
one month of said recording.
[Added 3-13-2017 by Ord.
No. 650]
A.
As provided in Wis. Stats. § 234.34(1)(ar), land which
would normally be required to be divided by subdivision plat may be
divided by extended certified survey map (extended CSM) that includes
more than four parcels under the following conditions:
B.
Submittal and approval of extended CSMs under this section shall conform to the provisions of § 235-16 and Wis. Stats. § 236.34.
C.
Pursuant to Wis. Stats. § 236.34(1m)(em), expanded CSMs
that reconfigure lots or outlots within a recorded plat, assessor's
plat or CSM, where no additional parcels are created, are not reviewed
by the Department of Administration; all other expanded CSMs must
meet the requirements set forth in Wis. Stats. §§ 236.15,
Surveying Requirements; 236.20, Final Plat; 236.21(1), Professional
land surveyor's certificate of compliance with statute; and 236.21(2),
Owner's certificate, and must be reviewed by the Department of
Administration for conformance with those provisions.
D.
Pursuant to Wis. Stats. § 236.34(1m)(er), expanded CSMs
shall comply with the rules of the Wisconsin Department of Transportation
if the expanded CSM divides land into more than four parcels, changes
the exterior boundary of a recorded plat, recorded assessor's
plat, or recorded CSM, and that recorded plat, assessor's plat
or CSM shows lots that abut or adjoin a state trunk highway or connecting
highway.
E.
This section does not apply to land lying in the outside the Village
boundaries but within the extraterritorial plat review power of the
Village.
[Added 3-22-2004 by Ord. No. 445; amended 1-23-2006 by Ord. No. 489; 3-13-2017 by Ord. No. 650]
A.
Certified survey map required. Before an owner, owner's agent
or subdivider may proceed with the division of land when the sale
or development of that land is not planned and four or fewer parcels
are created, he or she shall cause to be prepared by a professional
land surveyor and shall submit to the Plan Commission and Village
Board for approval a certified survey map of the proposed land division.
B.
Form and procedure. The form of the CSM and procedure for approval shall be as set forth in § 235-16.
C.
Submission of certified survey map improvement plans and specifications required. Plans and specifications for all improvements required by this chapter shall accompany the certified survey map. If no improvements are contemplated and the land subject of the CSM will not be sold or developed within five years of the date of the submission, the owner or subdivider shall submit an affidavit to that effect, which will become part of the record of the proceedings, and the approval of the CSM shall be contingent on the owner's affidavit, and in the event that the land is sold or developed, the then-owner shall be responsible for conformance with the requirements of § 235-16 of this chapter.
[Added 1-23-2006 by Ord.
No. 489; amended 3-13-2017 by Ord. No. 650]
A condominium plat that does not include a land division is
exempt from review under this chapter but must meet the regulations
of the Zoning Code, i.e., if the condominium is one five-unit building,
it is treated as a multifamily development under the Zoning Code,
and if it is five single-family units, or five duplexes, without a
land division, it is treated accordingly, with the appropriate lot
sizes per family, number of buildings allowed on a lot, etc. If the
owners/developers wish to change the required yard sizes, setbacks,
buildings allowed on a lot, etc., under the Zoning Code, a Planned
Community Development District must be requested under the Zoning
Code. If a land division is required, this chapter is applicable only
to the land division and not the condominium plat itself.
