Prior to a subdivision being accepted for consideration,
the developer must have obtained the necessary residential development
permits from the Town Plan Commission for that particular year.
Prior to the filing of an application for the
approval of a preliminary plat or certified survey map, the developer
may consult with the Town Plan Commission and/or its staff in order
to obtain their advice and assistance. This consultation is neither
formal nor mandatory but is intended to inform the developer of the
purpose and objectives of these regulations, the adopted Town of Vernon
Master Plan, or plan components, zoning regulations, and duly adopted
plan implementation devices of the Town and to otherwise assist the
developer in planning the project. In so doing, both the developer
and Town Plan Commission may reach mutual conclusions regarding the
general program and objectives of the proposed project and its possible
effects on the Town. The developer will gain a better understanding
of the subsequent required procedures.
Before submitting a final plat for approval, the developer shall submit a preliminary plat by a land surveyor registered in the State of Wisconsin and a letter of application. No preliminary plat may be submitted until the developer has received residential development permits in accordance with § 200-27. The preliminary plat shall be prepared in accordance with this chapter and the Town of Vernon Land Division Review Checklist (see Appendix F). The subdivider shall file the number of copies of that determined by the Town to be adequate and the application with the Town Clerk or the Waukesha County Department of Parks and Land Use. In addition:
A.Â
The Town Clerk or designee shall, within two days
after filing, transmit six (four for planning and two for environmental
health) copies to the Waukesha County Department of Parks and Land
Use; two copies to the Waukesha County Department of Public Works,
if the subdivision abuts or adjoins a county trunk highway; two copies
to the Wisconsin Department of Administration; and two copies to the
Wisconsin Department of Natural Resources if land included in the
plat lies within 500 feet of the ordinary high-water mark of any navigable
stream, lake, or other navigable body of water, or if any shoreland
or floodland areas are located within the plat.
B.Â
The preliminary plat shall be submitted to the Town
Engineer and the Town Planner prior to submittal to the Town Plan
Commission. The Town Engineer and Town Planner shall review the preliminary
plat and give a recommendation, in writing, to the Town Plan Commission.
The preliminary plat shall be submitted to the Town Plan Commission.
The developer shall meet with the Town Plan Commission, at a meeting
of the Town Plan Commission, and the Town Plan Commission may view
the site.
C.Â
The Town Clerk or designee shall transmit the necessary
copies of the preliminary plat to the Town Plan Commission and additional
copies to all affected Town committees or commissions for their review
and recommendations concerning matters within their jurisdiction.
The recommendations of the Town committees and commissions shall be
transferred to the Town Plan Commission within 30 days from the date
the plat is filed. The preliminary plat shall then be reviewed by
the Town Plan Commission for conformance with this chapter, the Waukesha
County Code, and all other Town ordinances, rules, regulations, comprehensive
plans, and comprehensive plan components.
D.Â
The submitting agent shall also transmit one copy
each of the preliminary plat to the Land Resource Division of the
Waukesha County Department of Parks and Land Use, two copies each
to the Wisconsin Gas Company, the Wisconsin Electric Power Company,
the appropriate telephone company, and appropriate school district
for their review and recommendation concerning matters within their
jurisdiction. The Land Resource Division of the Waukesha County Department
of Parks and Land Use, the local utility companies, and the school
board are considered advisory agencies. Their recommendations, if
any, shall be transmitted to the Town Plan Commission within 30 days
from the date the plat is received.
E.Â
Preliminary plat approval. The objecting agencies
shall, within 20 days of the date of receiving their copies of the
preliminary plat, notify the developer and all other approving and
objecting agencies of any objections. If there are no objections,
they shall so certify on the face of the copy of the plat and shall
return that copy to the Town Clerk. If an objecting agency fails to
act within 20 days, it shall be deemed to have no objection to the
plat.
(1)Â
The Town Plan Commission shall, within 90 days of
the date of receipt of a preliminary plat with the Town Clerk, approve,
conditionally approve, or reject such plat. One copy of the plat shall
thereupon be returned to the submitting agent with the date and action
endorsed thereupon, and if conditionally approved or rejected, a letter
setting forth the conditions of approval or the reasons for rejection
shall accompany the plat. One copy each of the plat and letter shall
be placed in the Town Plan Commission's permanent file. The Town may
not approve a plat upon which an objection has been certified per
Ch. 236, Wis. Stats.
(2)Â
Failure of the Town Plan Commission to act within
90 days shall constitute an approval of the plat as submitted unless
the review period is extended by consent of the developer or his agent
in writing.
(3)Â
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 24 months of the preliminary
plat approval and conforms substantially to the preliminary plat and
its conditions of approval, as provided in § 236.11(1)(b),
Wis. Stats., unless modifications of lot layout or number of lots
are required by approved construction and stormwater management plans,
the final plat shall be entitled to approval.[1]
The developer shall prepare and submit a final
plat (by a land surveyor registered in the State of Wisconsin) and
a letter of application in accordance with this chapter and shall
file an adequate number of copies of the plat with the Town or the
county, which shall within two days formally file the plat as follows:
A.Â
The Town Clerk or designee shall, within two days
after filing, transmit four copies to the Waukesha County Department
of Parks and Land Use; two copies to the Waukesha County Department
of Public Works if the subdivision abuts or adjoins a county trunk
highway; two copies to the Wisconsin Department of Administration,
two copies to the Wisconsin Department of Transportation, if the subdivision
abuts or adjoins a state trunk highway or connecting street; and two
copies to the Wisconsin Department of Natural Resources if land included
in the plat lies within 500 feet of the ordinary high-water mark of
any navigable stream, lake, or other navigable body of water, or if
any shoreland or floodland areas are located with the plat.
B.Â
Within 20 days of the date of receiving the copies
of the plat, any agency having authority to object shall notify the
developer and all approving or objecting authorities of any objections
it has. If objections are received, it shall be the responsibility
of the developer to resubmit his plat in accordance with the foregoing
procedures. If there are no objections, it shall so certify on the
face of a copy of the plat and return that copy to the approving authority
from which it was received. The plat shall not be approved or be deemed
approved until any objections have been satisfied. If the objecting
agency fails to act within the twenty-day limit, it shall be deemed
to have no objection to the plat.
C.Â
The approving agencies shall, within 60 days of the
date of filing of the final plat, approve or reject such plat unless
the time is extended by written agreement with the developer or unless
objections have been filed which would require a formal resubmittal
of the plat after the corrections have been made. The final plat shall
be reviewed to determine its conformance with the approved preliminary
plat; this chapter and all ordinances, rules, regulations, or other
plans which may affect the plat. The final plat may constitute only
that portion of the approved preliminary plat which the developer
proposes to record at that time. The final plat may be rejected if
it is not submitted within 24 months of the date of the last required
approval of the preliminary plat or more than 24 months from the date
of allotment approval. No approval by any approving agency can be
granted until all formal objections from the objecting agencies have
been satisfied. Failure of any approving agency to act within 60 days,
the time not having been extended and no objections having been filed,
shall constitute an approval. The review of the final plat by the
Town should be made by the Town Plan Commission and a recommendation
made to the Town Board, which shall approve or reject the final plat.
The necessary certificates shall also be placed upon the original
drawing of the final plat and must be signed by all appropriate review
agencies prior to recording.[1]
D.Â
Recordation. After the final plat had been approved
by the Town Board and required improvements either installed or a
contract and sureties insuring their installation are filed, the Town
Clerk or designee shall cause the certificate inscribed upon the plat
attesting to such approval to be duly executed. The Town Clerk or
designee shall record the final plat with the Register of Deeds. The
Register of Deeds shall not record the plat unless it is offered within
six months of the date of the last approval.[2]
E.Â
Partial platting. If permitted by the Town Board,
the approved preliminary plat may be final platted in phases with
each phase encompassing only that portion of the approved preliminary
plat which the developer proposed to record at one time; however,
it is required that each phase be final platted and be designated
as a phase of the approved preliminary plat.
F.Â
Replat. When it is proposed to replat a recorded subdivision,
or part thereof, so as to change the boundaries of a recorded subdivision,
the Wisconsin Statutes and the provisions of this chapter shall apply.
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 developer or person wishing to replat shall vacate
or alter the recorded plat as provided in §§ 236.40
through 236.44, Wis. Stats. The developer or person wishing to replat
shall then proceed as specified in this chapter. The Town Clerk or
designee shall schedule a public hearing before the Town Plan Commission
when a preliminary plat of a replat of lands within the Town 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.
A.Â
A condominium plat prepared by a land surveyor registered
in Wisconsin is required for all condominium plats, planned unit developments,
or any amendments or expansions thereof. It shall comply in all respects
with the requirements of § 703.11, Wis. Stats., and shall
be reviewed in the same manner as a subdivision plat as set forth
in this chapter. Such plats shall comply with the design standards,
improvements, and all other requirements of this chapter that would
otherwise apply to subdivision plats, including but not limited to
those set forth in this chapter. In addition, such plats shall further
comply with all other Town and county ordinances as if the same were
land divisions.
(1)Â
Density. Adequate open space should be provided so
that the average density and intensity of land use shall be no greater
than that permitted for the zoning district in which it is located.
To the extent that such a plan or plat proposes that particular portions
or areas of the development have higher density or intensity of land
use, the Town Plan Commission may require additional information pertaining
to such development, including information not otherwise required
of subdivision plats. It is the intent of this section to permit the
Town Plan Commission to have sufficient information, when presented
with unique or higher density or intensity of land use development
projects, to adequately review the overall development.
(2)Â
Review and approval. The Town Plan Commission shall
review the proposed plan, the site, existing and proposed structures,
architectural plans, neighboring land and water uses, parking areas,
driveways locations, highway access, traffic generation and circulation,
drainage, waste disposal, water supply systems, and the effects of
proposed uses, structures, improvements and operation upon the area
and upon flood damage protection, water quality, shoreland cover,
natural beauty, and wildlife habitat.
B.Â
The Town Plan Commission may approve the plan provided
that the proposed uses and structures are in accordance with the purpose
and intent of this chapter and are found not to be hazardous, harmful,
offensive, or otherwise adverse to the environmental quality, shoreland
cover, or property values in the Town.
Any division of land other than a subdivision as defined herein shall be surveyed and a certified survey map prepared and recorded as provided in § 236.34, Wis. Stats. Remnant parcels greater than 40 acres in size may be excluded following the procedure in § 200-14 of this chapter.
A.Â
Prior to the preparation of the map, the petitioner
shall submit the proposed division to the Town Planner for an informal
preliminary discussion and to be placed on the next scheduled Town
Plan Commission meeting agenda if deemed necessary by the Town Planner
and/or Town Engineer. It shall be reviewed to establish conformity
with surrounding existing or proposed developments; adjacent or future
highways; schools; other planned public developments; analysis of
soil types; topography; drainage; access to any abutting street or
highway; conformance with the established Street and Highway Width
Map of Waukesha County or Town Official Map; and generally for the
effect the land sale would have on the development of surrounding
property. If any lots to be divided are not served by municipal sanitary
sewer, soil borings must be submitted for approval in accordance with
appropriate state and/or county regulations.
B.Â
After satisfying applicable requirements of Subsection A, the developer may proceed to have drawn a certified survey map in accordance with § 236.34, Wis. Stats. The developer shall be required to dedicate any road right-of-way which the Town Board deems necessary and shall be required to build the highway to Town and/or county highway standards and in conformance with this chapter. All other requirements established by this chapter, where applicable, shall be complied with by the developer. The cash escrow or letter of credit and developer's agreement requirements regarding public and private improvements, as set out in this chapter, are applicable to minor land divisions.
C.Â
Sixteen copies and the original of the final certified
survey map shall be submitted to the Town Clerk after preliminary
review of the final certified survey map by the Town Planner and Town
Engineer. The Town Plan Commission shall refer the final certified
survey map with its recommendations to the Town Board within 60 days
of its initial submission to the Town Clerk unless the time is extended
by the developer or agent. The Town Board shall approve or reject
the final certified survey map within 90 days of its submission to
the Town Clerk unless the time is extended by agreement with the developer
or agent. If the final certified survey map is approved, a motion
to that effect shall be adopted by the Town Board and certified by
the Town Clerk on the original of the final certified survey map after
paying of all necessary fees. The map shall then be recorded in the
office of the Waukesha County Register of Deeds.
[Amended 3-16-2006 by Ord. No. 2006-05]
D.Â
All final certified survey maps submitted for Town
Plan Commission and Town Board approval must contain the required
signatures and dates of all nonmunicipal officials (i.e., surveyor
on all pages, owners and mortgage companies).
E.Â
As a condition of the approval of a certified survey
map pursuant to this chapter, the Town may require the submission
and approval of construction plans and a time schedule regarding all
public and private highways and other improvements, may require a
cash escrow or letter of credit regarding any and all public and private
improvements and may require the submission and approval of a development
schedule and developer's agreement.
A.Â
Any requests for development in the form of a subdivision
or certified survey map requiring action by the Town Plan Commission
for conceptual, preliminary or final actions must be filed with the
necessary application forms and all relevant information with the
Town Clerk by 10:00 a.m. on Monday four weeks prior to the Town Plan
Commission meeting at which action is required by the petitioner.
B.Â
The Town Planner and Town Engineer then have until
12:00 noon 15 working days prior to the day of the Town Plan Commission
meeting to evaluate the proposal and make preliminary comments and
recommendations. The Town Planner and Town Engineer will notify the
developer or agent concerning the item for any changes or additional
information necessary for the Town Plan Commission review.
C.Â
The applicant has until 10:00 a.m. 10 working days
prior to the Town Plan Commission meeting to submit to the Town Planner
and Town Engineer any additional information or corrections so as
to be placed on the Town Plan Commission agenda for that month. If
the additional information requested is not submitted, it will be
denied or removed from that month's agenda; if a written extension
is received by the Town Clerk it will then be placed on a future agenda.
D.Â
The applicant has until 10:00 a.m. six working days
prior to the day of the Town Plan Commission meeting to submit 16
copies of the final request for development in the final form of a
subdivision or certified survey map required for conceptual, preliminary
or final action to the Town Clerk or designee.
E.Â
The final request for development in final form, Planner
reviews, Engineer reviews, and all pertinent information will then
be forwarded to the Town Clerk or designee who will then forward the
information to the Town Plan Commission members.
[Added 10-15-2015 by Ord.
No. 2015-07]
In every situation, regardless of circumstances, that a property
owner seeks to convey land 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 land, the proposed action shall be submitted to the Town of Vernon
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. 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 these regulations,
the 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 the ordinance and therefore have no legal nonconforming
rights. 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.
