Before filing an application for the approval
of a preliminary plat or certified survey map, the subdivider is encouraged
to submit a conceptual plan and to consult with Village staff and
the Plan Commission for advice regarding general subdivision requirements.
Information on meeting dates, agenda deadlines and filing requirements
may be obtained from the Village Clerk-Treasurer. The conceptual plan
would show the relationship of the proposed subdivision or certified
survey to traffic arteries and existing community facilities. This
consultation is neither formal nor mandatory but is intended to inform
the subdivider of the purpose and objectives of this chapter, the
Master Plan, comprehensive plan components and plan implementation
devices of the Village and otherwise to assist the subdivider in planning
the development. The subdivider will gain a better understanding of
the subsequent required procedures.
A.
Submission. Before submitting a final plat for approval, the subdivider shall prepare a preliminary plat and a letter of application. The subdivider shall submit copies of the preliminary plat in a quantity and format determined by the Village Clerk-Treasurer. The preliminary plat shall be prepared in accordance with the standards of this chapter, particularly § 265-18, and the subdivider shall file copies of the plat and the application as required by this section with the Village Clerk-Treasurer at least 30 days prior to the meeting of the Plan Commission at which action is desired. The Village Clerk-Treasurer shall submit copies of the preliminary plat to the Plan Commission and to the Village Engineer, Village Planner, and Zoning Administrator for review and report of their recommendations and reactions to the proposed plat.
[Amended 7-1-2003 by Ord. No. 03-04; 9-4-2007 by Ord. No.
07-09; 3-3-2020 by Ord. No. 20-02]
B.
Property owners' association; restrictive covenants.
A draft of the legal instruments and rules for proposed property owners'
associations, when the subdivider proposes that common property within
a subdivision would be either owned or maintained by such an organization
of property owners or a subunit of the Village pursuant to § 236.293,
Wis. Stats., and proposed deed restrictions or restrictive covenants
shall be submitted at the time of filing the preliminary plat with
the Village Clerk-Treasurer.
C.
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.
D.
Supplementary data to be filed with preliminary plat.
The following shall also be filed with the preliminary plat:
(1)
Use statement. A statement of the proposed use of
lots, stating the 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.
(2)
Zoning changes. If any zoning changes are contemplated,
the proposed zoning plan for the areas, including dimensions.
(3)
Area plan. Where the subdivider owns property adjacent to that which is being proposed for the subdivision, the subdivider shall comply with the requirements of § 265-18A(5) for 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.
E.
Soil testing. Upon the request of the Plan Commission or Village Engineer, the subdivider shall 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 § 265-8, the Village Engineer 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.
F.
Referral to other agencies and utilities.
(1)
Utilities. The subdivider shall also forward a copy
to the local electric, gas, water, cable, and telephone utilities.
(2)
County and state agencies. The Village Clerk-Treasurer
shall, within two days after the filing of the preliminary plat, transmit
copies to state and county agencies as required by § 236.12,
Wis. Stats. The Village Clerk-Treasurer shall also transmit a copy
of the preliminary plat to other affected Village boards, commissions
or departments for their review and recommendations concerning matters
within their jurisdiction.
(3)
Action by outside agencies. Within 20 days of the date of receiving the copies of the preliminary plat, any state or county agency having authority to object under Subsection F(2) above 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 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 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. The recommendations of Village agencies shall also be transmitted to the Plan Commission within 20 days from the date the plat is filed.[1]
A.
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 its submission, or within
such time as extended by agreement with the subdivider, approve, approve
conditionally, or reject the plat. The subdivider shall be notified
in writing of any conditions for approval or 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.
B.
Public hearing. The Clerk-Treasurer shall schedule
a public hearing on the preliminary plat before the Plan Commission.
The Clerk-Treasurer shall give notice of the Plan Commission's review
and public hearing on the preliminary plat or certified survey by
listing it as an agenda item in the Commission's meeting notice published
in the official Village newspaper. The notice shall include the name
of the applicant, the address of the property in question and the
requested action. Property owners within 200 feet of the proposed
land division shall receive written notice of the public hearing.
C.
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-Treasurer, 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-Treasurer shall communicate
to the subdivider the action of the Village Board. If the preliminary
plat is approved, the Village Clerk-Treasurer shall endorse it for
the Village Board.
D.
Effect of preliminary plat approval. Approval or conditional approval of a preliminary plat shall entitle the final plat to approval, provided that the final plat conforms substantially to the preliminary plat, including any conditions of that approval, conforms to applicable requirements in § 265-7A, and is submitted within 36 months of the last required approval of the preliminary plat, unless extended by the Village Board. Previous preliminary plat approvals shall not constitute grounds for approval upon resubmission.
[Amended 7-1-2003 by Ord. No. 03-04; 3-3-2020 by Ord. No. 20-02]
E.
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 outlined herein,
unless the amendment is, in the opinion of the Plan Commission, of
such scope as to constitute a new plat, in which such case it shall
be refiled.
[Amended 7-1-2003 by Ord. No. 03-04; 9-4-2007 by Ord. No.
07-09; 12-7-2010 by Ord. No. 10-10; 3-3-2020 by Ord. No. 20-02]
A.
Filing requirements.
(1)
Following submittal of the preliminary plat, the subdivider shall
submit a complete final plat and a letter of application in accordance
with this chapter and shall file with the Village Clerk-Treasurer
copies of the plat in a quantity and format determined by the Clerk-Treasurer
at least 20 days prior to the meeting of the Plan Commission at which
action is desired. The owner or subdivider shall file the final plat
not later than 36 months after the date of the last required Village
Board 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 Board. 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 preliminary plat.
(2)
The Village Clerk-Treasurer shall refer the final plat and all associated
materials to the Plan Commission and Village Engineer. The Village
Engineer shall examine the plat or map and final plans and specifications
of public improvements for technical details and shall report on such
in writing to the Plan Commission. If the plat or map or the plans
and specifications are not satisfactory, the Village Engineer shall
return them to the owner with associated comments and so advise the
Plan Commission.
B.
Plan Commission review and recommendation.
(1)
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, and the requirements in § 265-7A.
(2)
The Plan Commission shall, within 30 days of the date of filing of
the final plat with the Village Clerk-Treasurer, recommend approval,
conditional approval or rejection of the plat and shall transmit the
final plat and application along with its recommendation to the Village
Board. The Plan Commission may hold the matter in abeyance if there
is incomplete or inadequate information, and may provide its recommendation
beyond the normal thirty-day requirement if a written agreement with
the subdivider allows for such a deferral.
C.
Board review and approval.
(1)
The Village Board shall, within 60 days of the date of filing the
complete final plat application with the Village Clerk-Treasurer,
approve or reject such plat, unless the time is extended by written
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 forwarded to the subdivider by the Village Clerk-Treasurer.
(2)
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 or town clerk of any municipality or town within 1,000 feet
of the final plat.
(3)
Upon failure of the Village Board to act within 60 days, the time
having not been extended by agreement with the subdivider, the plat
shall be deemed approved.
D.
Other agency review. The subdivider shall submit the plat for review to state and county agencies with objecting authority under § 236.12, Wis. Stats., and shall prior to recording, address their objections to the satisfaction of the Wisconsin Department of Administration. No such change shall materially alter the version of the plat approved by the Village Board without further action by the Village under Subsections B and C.
E.
Recordation. After the final plat has been approved by the Village Board, and all associated conditions satisfied, and after all other agency reviews under Subsection D have been completed, and any required public improvements either installed or a contract and sureties ensuring their installation filed, the Village Clerk-Treasurer shall cause the certificate inscribed upon the plat attesting to such approval to be duly executed and the plat returned to the subdivider for recording with the County Register of Deeds. The plat must be recorded within 12 months after the date of the last Village Board approval of the plat and within 36 months after the first approval, or the Village approval shall be deemed void. Recording fees shall be paid by the subdivider.
F.
Final copies. Within one month of the final plat being recorded by
the Register of Deeds, the subdivider shall provide a hard copy of
the plat and a digital version of the plat referenced to the Green
County Coordinate System in an AutoCAD compatible format, to the Village
Clerk-Treasurer. The subdivider shall also provide verification of
recordation of the plat and the other documents required under this
chapter and applicable plat approval conditions before the Village
will issue building permits or zoning permits within the plat area.
G.
Partial platting. The final plat may, if permitted by Village Board
following a recommendation from the Plan Commission, constitute only
that portion of the approved preliminary plat which the subdivider
proposes to record at the time.
A.
Use of certified survey map.
(1)
A certified survey map, prepared and recorded in accordance
with § 236.34, Wis. Stats. and the requirements of this
article, 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 one of the following conditions is met:
(a)
The division or consolidation is of any lot,
outlot, parcel, or other lands previously approved by the Village
and recorded with the County Register of Deeds as a subdivision plat,
certified survey, or assessor's plat which 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; or
(b)
The division or consolidation is of any lot,
outlot, parcel, or other lands previously recorded with the County
Register of Deeds, including those recorded by a metes and bounds
description, provided any of the resulting parcels are not less than
two acres in size, and which results in not more than four lots, outlots,
parcels, or mortgage descriptions being created by any division or
successive division, regardless of changes of ownership, within any
five-year period.
(2)
In the event a proposed land division does not meet
the above requirements, the proposed land division must be pursued
as a subdivision plat.
(3)
Except for large agricultural parcels created hereunder, 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 subdivider shall comply with all requirements of this chapter, including Article VI, Required Public Improvements, and Article VII, Design Standards, 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-Treasurer 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 15 acceptable
reproductions of a certified survey map and a written application
requesting approval with the Village Clerk-Treasurer.
B.
Referral to Plan Commission. The Village Clerk-Treasurer
shall, within two normal workdays after filing, transmit the copies
of the map and letter of application to the Plan Commission.
C.
Review by other village agencies. The Village Clerk-Treasurer
shall transmit a copy of the map to all affected Village boards, commissions
or departments for their review and recommendations concerning matters
within their jurisdiction. Their recommendations shall be transmitted
to the Plan Commission within 10 days from the date the map is filed.
The map shall be reviewed by the Plan Commission for conformance with
this chapter and all ordinances, rules, regulations, comprehensive
plans, comprehensive plan components and neighborhood plans.
D.
Review and approval. 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 subdivider. If the map is rejected,
the reason shall be stated in the minutes of the meeting and a written
statement forwarded to the subdivider. If the map is approved, the
Village Board shall cause the Village Clerk-Treasurer to so certify
on the face of the original map and return the map to the subdivider.
E.
Recordation.
(1)
The subdivider shall file a copy of the approved certified
survey map together with the approving resolution with the County
Register of Deeds within six months of the date of the last resolution
of approval and not later than 24 months following the date of the
first resolution of approval. All recording fees shall be paid by
the subdivider.[1]
(2)
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.
A.
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 article.
B.
Whenever a preliminary plat or a replat is filed,
the Plan Commission shall schedule and hold a public hearing before
it acts on the plat. Notices of the proposed replat and public hearing
shall be published as a Class 3 notice and be mailed, at the subdivider's
expense, 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 proposed replat.
C.
Whenever an approved final plat is submitted for reapproval
within six 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, said plat
shall be reapproved by the Village Board. No final plats shall be
reapproved by the Village Board following the expiration of the six-month
period. Such plats shall be submitted as a new plat. 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.
D.
Where lots are more than double the minimum size required
for the applicable zoning district, the Plan Commission may require
that such lots be arranged so as to allow resubdivision of such parcels
into normal lots in accordance with the provisions of this chapter.
A.
A preliminary plat, final plat or certified survey
shall not be approved unless the Plan Commission and the Village Board
determine that adequate public facilities and public services will
be available to meet the needs of the proposed land division and that
no public funds other than those already provided in an adopted capital
or operating budget are required.
B.
The applicant shall furnish any data requested by
the Village Clerk-Treasurer who shall transmit this information to
the appropriate commission(s), committee(s) and staff for review;
the Village Clerk-Treasurer shall act as coordinator of the reports
from staff to the Plan Commission and Village Board on the adequacy
of water, sanitary and storm sewers, fire service, police, parks and
open space and recreation facilities, transportation facilities and
schools.
C.
Public facilities and public services for a proposed
land division may be found to be adequate when the following conditions
exist:
(1)
The proposed land division is located in an urban
service area where adequate sewer service is presently available for
extension, under construction or designated by the Village Board for
extension of sewer service within the current capital budget year
and funds are specifically provided for such extension either from
public or private financing. The Plan Commission and the Village Board
shall consider the recommendations of the Village Engineer and the
appropriate committee(s) on the capacity of trunk lines and of sewage
treatment facilities and any other information presented.
(2)
The proposed land division is located within an urban
service area contiguous to an arterial transmission water main of
adequate capacity for the proposed development or if the water distribution
system that is needed is under construction or scheduled for construction
within the current budget year and funds, either public or private,
are available for the program. The Plan Commission and the Village
Board shall consider the recommendations from the Village's utilities
and the Village Engineer and the appropriate committee(s) on line
capacities, water sources and storage facilities, as well as any other
information presented.
(3)
The Village Clerk-Treasurer verifies to the Plan Commission
and the Village Board that adequate funds, either public or private,
are available to insure the installation of all necessary stormwater
management facilities.
(4)
The Director of Public Works can demonstrate to the
Plan Commission and the Village Board that street maintenance and
refuse collection services, either public or private, are so situated
that adequate and timely service can be provided so as not to involve
danger or injury to the health, safety or general welfare to the future
residents of the proposed land division or existing Village residents.
(5)
The Plan Commission verifies that the future residents
of the proposed land division can be assured park, recreation and
open space facilities and services which meet the standards of the
Village's Master Plan.
(6)
The Police Department, EMS and Fire Department verify
that timely and adequate service can be provided to the residents.
(7)
The proposed land division is accessible by an existing
or officially mapped, publicly maintained, all-weather roadway system,
adequate to accommodate both existing traffic and that traffic to
be generated by the proposed land division in accordance with the
Official Map and Village standards.
D.
No land shall be divided which has been officially
mapped as a public lands stormwater management facility or is determined
by the Village Board to be unsuitable for use by reason of flooding,
bad drainage, soil or rock formations with severe limitations for
development, severe erosion potential or unfavorable topography, or
any other feature likely to be harmful to health, safety or welfare
of future residents or landowners in the proposed land division or
of the community.
E.
The above requirements shall not apply to those areas
outside the corporate limits of the Village of New Glarus and within
the Village's extraterritorial limits. Areas within the Village capable
of being served by public sewer and water shall be required to connect
to the Village of New Glarus public water distribution and/or public
sewerage system if determined by the Village Engineer to be feasible.
If such connection(s) is not determined feasible, the proposed land
division shall provide for adequate on-site systems and such special
piping provisions as may be necessary to serve the anticipated development
during the interim period until such Village public water and/or sewerage
systems are determined by the Village Engineer to be feasibly available
for connection. The subdivider, and his heirs and assigns, shall,
by written plat restriction, agree to abandon the interim water and
sewerage facilities and connect to the Village public water and sewerage
facilities upon a determination by the Village Engineer that such
facilities are available for feasible connection.
[Amended 6-15-2004 by Ord. No. 04-06; 3-6-2007 by Ord. No.
07-02]
A.
Policies within the extraterritorial land division
approval jurisdiction. The following policies shall govern the Village
in approving land divisions (plats and certified survey maps) within
the one-and-one-half-mile extraterritorial land division approval
jurisdiction:
(1)
The proposed land division shall result in a development
pattern which is compatible with surrounding developments and land
uses. Measures of compatibility shall consider lot sizes, traffic
generation, access, noise, visual features, and environmental impact.
(2)
The proposed land division and the resulting development
pattern shall not demonstrably adversely affect the Village’s
ability to provide public services, install public improvements or
accomplish future annexations.
(3)
(4)
Extraterritorial land divisions which, at the time of land division, are within areas zoned A-P Agricultural and Woodland Preservation or A-PL Limited Agricultural and Woodland Preservation under the Extraterritorial Zoning Ordinance shall be in accordance with Extraterritorial Zoning Ordinance §§ 305-110 and 305-111, respectively, § 305-121, and § 305-122.
(5)
Extraterritorial land divisions which, at the time
of land division, are within with jurisdiction of the Extraterritorial
Zoning Ordinance, but not within the A-T, A-P, or A-PL Zoning Districts,
shall be in accordance with standards applicable to the district in
which they are zoned.
(6)
Extraterritorial land divisions that are beyond the extraterritorial zoning jurisdiction but within the extraterritorial land division approval jurisdiction shall be designed in accordance with the standards printed within §§ 305-110, 305-121, and 305-122 of the Extraterritorial Zoning Ordinance.[2]
(7)
It shall be the policy of the Village not to extend public sanitary sewer and water facilities to lands located outside of the Village’s corporate limits unless through execution of an intergovernmental agreement with the Town and/or execution of an agreement between the Village and the owner of the affected property as set forth in § 305-112D of the Extraterritorial Zoning Ordinance.
(8)
Any public right-of-way, stormwater management area,
waterway, or public park or facility identified on the Village’s
Official Map, Comprehensive Plan, Extraterritorial Area Plan, or Park
and Open Space Plan shall be dedicated or otherwise reserved to the
satisfaction of the Village Board as a component of the land division.
B.
Extraterritorial land division procedures, fees, and
submittal requirements.
(1)
Procedural requirements, submittal requirements, and
fees for land divisions within the extraterritorial land division
approval jurisdiction, including the timing for filing the application
and payment of fees, shall be identical to those required for land
divisions within the Village, except for the following:
(a)
For land divisions occurring within the extraterritorial
land division approval jurisdiction, the Joint Extraterritorial Zoning
Committee shall act in place of the Village of New Glarus Plan Commission
for all roles normally assigned to the Plan Commission under this
chapter.
(b)
Before filing an application for approval of
a plat or certified survey map, the subdivider shall prepare for review
and comment by the Joint Extraterritorial Zoning Committee a preliminary
sketch drawn to a recognized engineering scale of the proposed land
division and a detailed analysis map or aerial photo showing all natural
features on the site, including floodplains, wetlands, drainageways,
hilltops and ridgetops, slopes between 12% and 20%, slopes greater
than 20%, areas of rare or endangered species, historic and archaeological
sites, distant views, and mature woodland areas.
(c)
Land divisions within the extraterritorial land
division approval jurisdiction are subject to the same applicable
Village fees required for review of land divisions within the Village,
excluding fees for engineering review or inspection of infrastructure
improvements not regulated by, dedicated to, or provided by the Village.
(2)
In all cases, the time period within which Village
action is required shall not begin until the Village has received
all maps, drawings, data, and fees required for the land division
approval under this chapter.
