Village of Mazomanie, WI Subdivision Review and Approval

Filing requirement. An environmental assessment checklist shall be completed by the subdivider for review by the Plan Commission with the preliminary plat or preferably as part of the preliminary consultation, for any subdivision or land division by certified survey which the Village has authority to approve.[1]

[1]

Editor's Note: A copy of the Environmental Assessment Checklist is included at the end of this chapter.

Purpose. The purpose of this environmental assessment checklist is to provide the basis for an orderly, systematic review of the effects of all new subdivisions upon the community environment in accordance with the principles and procedures of Wisconsin Statutes set for local subdivision regulation. The Plan Commission will use these procedures in determining land suitability. The goals of the community in requiring this checklist are to eliminate or reduce pollution and erosion to an acceptable standard, assure ample living space per capita, preserve open space and parks for recreation, provide adequately for stormwater control, maintain scenic beauty and aesthetic surroundings, administer to the economic and cultural needs of the citizens and provide for the effective and efficient flow of goods and services.

Coverage. The environmental assessment checklist shall apply to all major subdivisions. An environmental assessment checklist form, as required under this subsection, is available from the Village Clerk. (See § 410-9.)

(Reserved)

Affidavit. The surveyor preparing the preliminary plat shall certify on the face of the plat that it is a correct representation of all existing land divisions and features and that he has fully complied with the provisions of this chapter.

Supplementary data to be filed with preliminary plat. The following shall also be filed with the preliminary plat:

Use statement. A statement of the proposed use of lots stating type of residential buildings with number of proposed dwelling units and types of business or industry, so as to reveal the effect of the development on traffic, fire hazards and congestion of population;

Zoning changes. If any zoning changes are contemplated, the proposed zoning plan for the areas, including dimensions; and

Area plan. Where the subdivider owns property adjacent to that which is being proposed for the subdivision, the Plan Commission and/or Village Board may require that the subdivider submit a preliminary plat or concept plan of the remainder of the property so as to show the possible relationships between the proposed subdivision and future subdivision. In any event, all subdivisions must be shown to relate well with existing or potential adjacent subdivisions.

Preliminary street plans and profiles. The subdivider shall provide preliminary street plans and profiles showing existing ground surfaces and proposed and established street grades, including, when requested, extensions for a reasonable distance beyond the limits of the proposed subdivision.

Soil testing. The subdivider may be required to provide a preliminary soils report, listing the types of soil in the proposed subdivision, their effect on the subdivision and a proposed soil testing and investigation program. Pursuant to the public policy concerns prescribed in § 410-8 of this chapter, the Village Board or Plan Commission may require that borings and soundings be made in specified areas to ascertain subsurface soil, rock and water conditions, including depth to bedrock and depth to groundwater table.

Drafting standards. The preliminary plat shall be based upon an accurate exterior boundary survey by a registered land surveyor which shall show clearly the proposed subdivision at a scale of not more than one inch per 100 feet having two-foot contour intervals, shall identify the improvements (grading, paving, installation of facilities and dedications of land) and easements which the subdivider proposes to make and shall indicate by accompanying letter when the improvements will be provided.

Referral to other agencies.

The subdivider shall, within two days after filing with the Village, transmit two copies to the county planning agency, two copies to the Director of the Planning Function in the Wisconsin Department of Administration, additional copies to the Director of the Planning Function for retransmission of two copies each to the Wisconsin Department of Transportation if the subdivision abuts or adjoins a state trunk highway or a connecting street and the Wisconsin Department of Commerce if the subdivision is not served by the public sewer and provision for such service has not been made. The subdivider shall file with the Village Clerk an affidavit indicating that he has fully complied with the requirement of filing with objecting agencies. The county planning agency, the Wisconsin Department of Administration, the Wisconsin Department of Transportation and the Wisconsin Department of Commerce shall be hereinafter referred to as “objecting agencies.”

Within 20 days of the date of receiving the copies of the plat, any state or county agency having authority to object under Subsection J(1) of this section shall notify the subdivider and all approving or objecting authorities of any objection based upon failure of the plat to comply with the statutes or rules which its examination is authorized to cover or, if all objections have been satisfied, it shall so certify by letter to the approving authority from which it was received. The plat shall not be approved or 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.

In lieu of the procedure under Subsection J(1) of this section, the subdivider or the subdivider's agent may submit the original plat to the Wisconsin Department of Administration, which shall forward two copies to each of the agencies authorized to object. The Department shall have the required number of copies made at the subdivider's expense. Within 20 days of the date of receiving the copies of the plat, any agency having authority to object shall notify the subdivider and all agencies having the authority to object of any objection based upon failure of the plat to comply with the statutes or rules which its examination is authorized to cover or, if there is no objection, it shall so certify on the face of a copy of the plat and return that copy to the Department of Administration. After each agency and the Department of Administration have certified that they have no objection or that their objections have been satisfied, the Department shall so certify on the face of the plat. If an agency fails to act within 20 days from the date of the receipt of copies of the plat and the Department of Administration fails to act within 30 days of receipt of the original plat, it shall be deemed that there are no objections to the plat and, upon demand, it shall be so certified by letter to the Department of Administration.

Plan Commission review. After review of the preliminary plat and negotiations with the subdivider on changes deemed advisable and the kind and extent of public improvements which will be required, the Plan Commission shall, within 60 days of filing or within such time as extended by agreement with the subdivider of its submission, recommend to the Village Board that it approves, approves conditionally or rejects the plat as provided by statute. The subdivider shall be notified in writing of any conditions for approval of the reasons for rejection. Such action of the Plan Commission shall be submitted to the Village Board for approval and the subdivider shall be notified in writing of any changes or modifications in the action of the Plan Commission and the reasons therefor.

Board action. After receipt of the Plan Commission's recommendation, the Village Board shall, within 90 days of the date the plat was filed with the Village Clerk, approve, approve conditionally or reject such plat and shall state, in writing, any conditions of approval or reasons for rejection, unless the time is extended by agreement with the subdivider. Failure of the Village Board to act within 90 days or extension thereof shall constitute an approval of the preliminary plat, unless other authorized agencies object to the plat. The Village Clerk shall communicate to the subdivider the action of the Village Board. If the preliminary plat is approved, the Village Clerk shall endorse it for the Village Board.

Effect of preliminary plat approval. 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 six months of preliminary plat approval and conforms substantially to the preliminary plat layout, the final plat shall be entitled to approval with respect to such layout. Conditional approval may be granted subject to satisfactory compliance with pertinent provisions of this chapter and Ch. 236, Wis. Stats. 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 Village Board at the time of its submission.

Preliminary plat amendment. Should the subdivider desire to amend the preliminary plat as approved, he may resubmit the amended plat, which shall follow the same procedure, except for the fee, unless the amendment is, in the opinion of the Village Board, of such scope as to constitute a new plat, in which such case it shall be refiled.

§ 410-14 Final plat review and approval.

The subdivider shall prepare a final plat and a letter of application in accordance with this chapter and shall file 20 copies of the plat and the application with the Village Clerk at least 25 days prior to the meeting of the Plan Commission at which action is desired. The Village Clerk shall give notice of the Plan Commission meeting in the manner prescribed in § 410-15B. The owner or subdivider shall file these copies of the final plat with the Village not later than six months after the date of approval of the preliminary plat. Otherwise, the preliminary plat and final plat will be considered void unless an extension is requested in writing by the subdivider and for good cause granted by the Village. The owner or subdivider shall also submit at this time a current certified abstract of title or registered property report and such other evidence as the Village Attorney may require showing title or control in the applicant. A written transmittal letter shall identify all substantial changes that have been made to the plat since the approval of the preliminary plat.

The subdivider shall, within two days after filing, transmit two copies to the County Planning Agency; two copies to the Director of the Planning Function in the Wisconsin Department of Administration, additional copies to the Director of the Planning Function for retransmission of two copies each to the Wisconsin Department of Transportation if the subdivision abuts or adjoins a state trunk highway or a connecting street and the Wisconsin Department of Commerce if the subdivision is not served by a public sewer and provision for service has not been made. The subdivider shall file with the Village Clerk an affidavit indicating that he has fully complied with the requirement of filing with objecting agencies. The County Planning Agency, the Wisconsin Department of Administration, the Wisconsin Department of Transportation, and the Wisconsin Department of Commerce shall be hereinafter referred to as “objecting agencies.”

The final plat shall substantially conform to the preliminary plat as approved and to the requirements of all applicable ordinances and state laws and shall be submitted for certification of those agencies having the authority to object to the plat as provided by § 236.12(2), Wis. Stats.

Simultaneously with the filing of the final plat or map, the owner shall file with the Village Clerk five copies of the final plans and specifications of public improvements required by this chapter and a signed copy of the developer's contract required by § 410-23F.

The Village Clerk shall refer a copy of the final plat to each member of the Plan Commission and Village Board, a copy to the Village Engineer, a copy to the Village Attorney and a copy to the School District. The developer shall submit a copy each to the telephone, electric, gas, cable television and other utility companies. The abstract of title or registered property report shall be referred to the Village Attorney for his examination and report. The Village Clerk shall also refer final plans and specifications of public improvements required by this chapter to the Village Engineer for review. The recommendations of the Plan Commission, Village Attorney and Village Engineer shall be made within 30 days of the filing of the final plat. The Village Engineer shall examine the plat map and final plans and specifications for public improvements for technical details and, if he finds them satisfactory, shall so certify in writing to the Plan Commission. If the plat or the plans and specifications are not satisfactory, the Village Engineer shall so advise the owner and the Plan Commission.

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 applicable ordinances, rules, regulations, comprehensive plans and comprehensive plan components which may affect it and shall recommend approval, conditional approval or rejection of the plat to the Village Board.

The final plat may, if permitted by the Village Board, constitute only a portion of the approved preliminary plat. With permission of the Village Board, the approval of a final plat for the remaining portion of the preliminary plat, or any part thereof, may be granted for one year from the date of the preliminary plat approval.

Review by other agencies; final approval and filing.

The objecting state and county agencies shall, within 20 days of the date of receiving their copies of the final plat, notify the subdivider and all other approving and objecting agencies of any objections, except that the Wisconsin Department of Administration has 30 days in which to make 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 Village. If an objecting agency fails to act within 20 days, it shall be deemed to have no objection to the plat.

If the final plat is not submitted within 12 months of the last required approval of the preliminary plat, the Village Board may refuse to approve the final plat.

The Plan Commission shall, within 30 days of the date of filing of the final plat with the Village Clerk, 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. The Plan Commission may hold the matter in abeyance if there is incomplete or inadequate information.

(4)

The Village Board shall, when it determines to approve a final plat, give at least 10 days' prior written notice of its intention to the municipal clerk of any municipality within 1,000 feet of the final plat.

(5)

The Village Board shall, within 60 days of the date of filing the original final plat with the Village Clerk, approve or reject such plat unless the time is extended by agreement with the subdivider. If the plat is rejected, the reasons shall be stated in the minutes of the meeting and a written statement of the reasons shall be forwarded to the subdivider. The Village Board may not inscribe its approval on the final plat unless the Village Clerk certifies on the face of the plat that the copies were forwarded to objecting agencies as required herein, the date thereof, and that no objections have been filed within 20 days or, if filed, have been met.

(6)

If the Village Board fails to act within 60 days, the time having not been extended and no unsatisfied objections having been filed, the plat shall be deemed approved.

(7)

After the final plat has been approved by the Village Board and required improvements either are installed or a contract and sureties insuring their installation are filed, the Village Clerk shall cause the certificate inscribed upon the plat attesting to such approval to be duly executed and the plat shall be returned to the subdivider for recording with the County Register of Deeds. The Register of Deeds cannot record the plat unless it is offered within 12 months from the date of preliminary plat approval or 30 days from the date of last approval.

(8)

Copies. The subdivider shall file two copies of the recorded final plat with the Village Clerk.

§ 410-15 Replats.

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 exterior 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 using the approval procedures for preliminary and final plats prescribed in this chapter.

The Village Clerk shall schedule a public hearing before the Plan Commission when a preliminary plat or a replat of lands within the Village 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 100 feet of the exterior boundaries of the proposed replat.

Whenever an approved final plat is submitted for reapproval within 12 months of the initial resolution approving the plat and which is substantially in conformance with the approved plat and which has not been recorded with the Register of Deeds, the plat shall be reapproved by the Village Board. The Village Board may choose to not reapprove final plats resubmitted following the expiration of the twelve-month period. In such case, such plats shall be submitted as a new plat, and all previous approvals shall be null and void and shall have no further bearing on the subsequent review and approval of the plat by the Village.

§ 410-16 Minor subdivisions, land divisions and consolidations by certified survey map.

Use of certified survey map.

A certified survey map, prepared and recorded in accordance with § 236.34, Wis. Stats., and the requirements of this chapter and having been approved by the Village Board, may be used in lieu of a subdivision plat to divide or consolidate lands or dedicate lands, provided that the division or consolidation results in not more than four lots, outlots, parcels or mortgage descriptions being created by any division or successive division, regardless of any changes in ownership, within any five-year period.

In the event a proposed land division does not meet the above requirements, the proposed land division must be pursued as a subdivision plat.

The certified survey map shall include the entire original parcels of land owned or controlled by the subdivider, including those proposed for division or consolidation. The applicant shall comply with all requirements of this chapter, including, but not limited to, §§ 410-21 10-6-21 through 410-23 (improvements), §§ 410-24 through 410-28 (design standards), and §§ 410-29 and 410-30 (dedications) when a certified survey map is used. A certification of the approval of the certified survey map by the Village Board shall be inscribed legibly on the face of the map. A certificate of the Village Clerk stating that there are no unpaid special assessments or taxes on the lands shall be included on the certified survey map.

(4)

The applicant for a land division shall file with the Village Clerk five acceptable reproductions of a certified survey map and a written application requesting approval.

(5)

With the application the applicant shall file public works improvement plans, as applicable, in accordance with the requirements for the final plat.

Referral to Plan Commission. The Village Clerk shall, within two normal workdays after filing, transmit the copies of the map and letter of application to the Plan Commission.

Review of other agencies. The Village Clerk shall refer a copy of the certified survey map to each member of the Plan Commission and Village Board, a copy to the Village Engineer, a copy to the Village Attorney and a copy to the School District. The developer shall submit a copy each to the telephone, electric, gas, cable television and other utility companies. The abstract of title or registered property report shall be referred to the Village Attorney for his examination and report. The Village Clerk shall also refer final plans and specifications of public improvements required by this chapter to the Village Engineer for review. The recommendations of the Plan Commission, Village Attorney and Village Engineer shall be made within 30 days of the filing of the final plat. The Village Engineer shall examine the certified survey map and final plans and specifications of public improvements for technical details and, if he finds them satisfactory, shall so certify in writing to the Plan Commission. If the plat or the plans and specifications are not satisfactory, the Village Engineer shall so advise the owner and the Plan Commission. The applicant shall file, at the time of application, public improvement plans as required for final plats.

Review and approval. The Plan Commission shall review the map for conformance with this chapter and all ordinances, rules, regulations, comprehensive plans, comprehensive plan components and neighborhood plans. The Plan Commission shall, within 30 days from the date of filing of the certified survey map, recommend approval, conditional approval or rejection of the map and shall transmit the map, along with its recommendations, 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 60 days from the date of filing of the map unless the time is extended by agreement with the applicant. If the map is rejected, the reason shall be stated in the minutes of the meeting and a written statement forwarded to the applicant. If the map is approved, the Village Board shall cause the Village Clerk to so certify on the face of the original map and return the map to the applicant.

Recordation.

The applicant shall file a copy of the approved certified survey map together with the approving resolution with the County Register of Deeds within 30 days of the date of the last resolution of approval and not later than six months following the date of the first resolution of approval. All recording fees shall be paid by the applicant.

No building permits shall be issued and no improvements shall be made until the certified survey is recorded and a document recording number is filed with the Building Inspector.

Reapprovals. Submittals of previously approved certified survey maps for replatting or reapproval by the Village Board shall be in accordance with procedures and rules established in § 410-15C.

§ 410-17 Procedures and criteria for land divisions within extraterritorial plat approval jurisdiction.

Application required. No person, firm or corporation shall divide any land located within the one-and-one-half-mile extraterritorial plat approval jurisdiction of the Village without first filing an application and a certified survey map and/or preliminary plat with the Village for approval by the Plan Commission or the Village Board of Trustees.

Preapplication procedure.

Before filing an application for approval of a certified survey, the subdivider shall consult with the Plan Commission and shall:

(a)

Prepare a preliminary sketch for review and approval.

(b)

Complete an environmental assessment checklist.

This procedure will assist the applicant in appraising the objectives of these regulations, the Master Plan, the Official Map and other pertinent Village ordinances.

The preapplication information shall be submitted to the Plan Commission for review and approval 15 days prior to when the application will be considered.

Extraterritorial land division policies. The following policies shall govern the Village Plan Commission in approving division of land within the one-and-one-half-mile extraterritorial area in order to protect the rural character:

Sanitary sewer service.

(a)

No subdivisions without public sanitary sewer service as defined in this chapter, except for land divisions by certified survey as referred to in § 410-16, will be permitted within the one-and-one-half-mile extraterritorial limits of the Village.

(b)

At the time of submission of a final subdivision plat, the subdivider shall present evidence of a binding commitment for public sanitary sewer service to each lot within the proposed subdivision prior to the sale of any lot within the subdivision or shall submit a deed restriction providing for a waiver of an assessment hearing for future sanitary sewer and water main construction.

For land divisions by certified survey as defined in § 410-20, the procedure for approval by the Village shall be as specified in § 410-16. The Plan Commission may require approval of the certified survey map by the pertinent Town Board before acting as specified under this section. Land divisions by certified survey as referred to in § 410-16 will be permitted for farm-related dwellings, for rural residential dwellings and for commercial use not exceeding an overall density of one unit for 40 acres. The only exception to this policy is that lots resulting in the infill of existing subdivisions may also be permitted. Approval will be determined based on the provisions of § 236.13, Wis. Stats.