Village of Waterford, WI
Racine County
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Table of Contents
Table of Contents

§ 235-11 Preliminary and final plats required.

[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.
(2) 
Before an owner or owner's agent may proceed with a land division by certified survey map or expanded CSM for purposes other than development of a subdivision, as defined in § 235-5, he or she shall proceed under § 235-17 of this chapter.
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:
(a) 
An analysis of the effect of the development on the regional flood profile, velocity of flow and floodplain storage capacity;
(b) 
A map showing location and details of vehicular access to lands outside the floodplain; and
(c) 
A surface drainage plan showing how flood damage will be minimized.
(2) 
The estimated cost of the proposal shall include all structural development, landscaping, access and road development, utilities, and other pertinent items, but need not include land costs. See also Chapter 250, Erosion Control and Stormwater Management, and Chapter 256, Floodplain Zoning.

§ 235-12 Preliminary plat.

[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.
(7) 
All the facts required to enable the Village Plan Commission and Village Board to determine whether the proposed layout of the land in question is in conformance with Wis. Stats. Ch. 236 and the provisions of this chapter and Chapter 245, Zoning.
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.

§ 235-13 Final plat.

[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.

§ 235-14 Recording final plat.

[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).

§ 235-15 Resubdivision restricted.

[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.

§ 235-16 Certified survey map for land division.

[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:
(a) 
The requirements related to surveying as specified in Wis. Stats. § 236.15(1).
(b) 
All the requirements of § 235-19 of this chapter pertaining to required improvements and agreements.
(c) 
All applicable ordinances and codes of the Village.
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.

§ 235-16.1 Extended Certified Survey Map.

[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:
(1) 
The land is zoned for commercial (business), industrial or mixed-use development.
(2) 
No more than 50 parcels are created by the extended CSM or successive CSMs and/or extended CSMs dividing the same root parcel over a five-year period.
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.

§ 235-17 Certified survey map when sale or development not planned.

[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.

§ 235-18 Condominium plats.

[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.