Chapter 16.20
PLAT REVIEW AND APPROVAL
Sections:
16.20.010 Preliminary consultation.
16.20.020 Submission of preliminary plat for major subdivisions.
16.20.030 Preliminary plat review and approval.
16.20.040 Final plat review and approval.
16.20.050 Administrative fees.
16.20.010 Preliminary consultation.
Before filing a preliminary plat for a major subdivision, the land divider shall consult with 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. For the preliminary consultation, the land divider shall submit a location map showing the relationship of the proposed subdivision to traffic arteries and existing community facilities.
This consultation is intended to inform the land divider of the purpose and objectives of these regulations, the village master plan, comprehensive plan components and duly adopted plan implementation devices of the village and to otherwise assist the land divider in planning his development. In so doing, both the land divider and planning agency may reach mutual conclusions regarding the general program and objectives of the proposed development and its possible effects on the neighborhood and community. The land divider will gain a better understanding of the subsequent required procedures. Preliminary consultations are also encouraged for land dividers using the certified survey map process for minor subdivisions. [Res. 00-04. Prior code § 10-5-4.01].
16.20.020 Submission of preliminary plat for major subdivisions.
(a) Submission. Before submitting a final plat for approval, the land divider shall prepare a preliminary plat and a letter of application. The land divider shall submit 20 copies of the preliminary plat. The preliminary plat shall be prepared in accordance with this chapter, and the land divider shall file copies of the plat and the application required by this section with the village clerk at least 30 days prior to the regular meeting of the plan commission at which action is desired. All items and documents required by this section must be submitted to the village clerk before the time requirements for review of land divisions will legally commence. The village clerk shall submit a copy of the preliminary plat to the plan commission and to the village engineer for review and written report of his recommendations and reactions to the proposed plat. The land divider shall also at this time submit a written description of the proposed land division and a completed copy of the environmental assessment checklist (Appendix A).
(b) Public Improvements, Plans and Specifications. Simultaneously with the filing of the preliminary plat, the owner shall file with the village clerk nine complete sets of engineering reports, plans and specifications for the construction of any public improvements required by this title, specifically addressing sewer and water service feasibility, drainage facilities, traffic patterns, typical street cross-sections, erosion control plans, pavement design and other improvements necessary in the land division.
(c) Property Owners Associations – Restrictive Covenants. Three copies of a draft of the legal instruments and rules for proposed property owners associations, when the land divider proposes that common property within a land division would be either owned or maintained by such an organization of property owners or a subunit of the village or town pursuant to Section 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. (Note: Deed restrictions and restrictive covenants in subdivisions are private contractual agreements and are not enforceable by the village or town.)
(d) 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 title.
(e) 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 type of residential buildings with number of proposed dwelling units; types of business or industry so as to reveal the effect of the development on traffic, fire hazards and congestion of population; and
(2) Zoning Changes. If any zoning changes are contemplated, the proposed zoning plan for the areas, including dimensions; and
(3) Area Plan. Where the land divider owns property adjacent to that which is being proposed for the land division, the plan commission and/or village board may require that the land divider submit a comprehensive development plan of the remainder of the property so as to show the possible relationships between the proposed land division and future land divisions. In any event, all land divisions must be shown to relate well with existing or potential adjacent land divisions.
(4) A record of any adjacent land divisions made within the last five years.
(f) Street Plans and Profiles. The land divider shall provide street plans and profiles showing existing ground surface, and proposed and established street grades, including extensions for a reasonable distance beyond the limits of the proposed land division when requested.
(g) Soil Testing. The land divider shall provide a preliminary soils report, listing the types of soil in the proposed land division, their effect on the land division and a proposed soil testing and investigation program. A soil conservation service map would meet the requirements of this subsection. Pursuant to the public policy concerns prescribed in Chapter 16.10 AMC, Land Suitability, the village board 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 ground water table.
(h) Environmental Assessment Checklist.
(1) Submission. The environmental assessment checklist, found in “Appendix A,” shall be given to the land divider, preferably before the preapplication conference, to be completed for submission with the preliminary plat.
(2) Purpose. The purpose of this environmental assessment checklist is to provide the basis for an orderly, systematic review of the effects of a new land division upon the community environment in accordance with the principles and procedures of Section 236.45(1), Wis. Stats. The goals of the community are to eliminate pollution and siltation or reduce them to acceptable standards, assure ample living space per capita, preserve open space and parks for recreation, and provide adequately for storm water 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.
(3) Determination of Need for Expanded Environmental Assessment. The environmental assessment checklist shall be reviewed by the plan commission following submittal. The plan commission may, for reasons stated in a written determination, decide that the preliminary environmental assessment raises unusually significant questions concerning the effects on the environment and that review by other village committee(s) and commission(s) is required and/or that an unusually high level of citizen interest has resulted from questions raised in a preliminary assessment. Such a decision shall be made within 14 days of the review and shall be followed by adoption by the plan commission of a resolution setting forth the specific questions on which it requires research, data and input from affected persons. The listing of questions can include items which this title already enables the plan commission to obtain, or it may include additional information which is relevant to the questions specified in the resolution. The resolution may also request data on the specific impact questions from other governmental agencies or from the developer or applicant. The resolution shall set a reasonable date for the return of the requested data and information and it may specify the format in which the data is to be presented.
(4) Hearing on Environmental Assessment Report. Following the return to the plan commission of the data called for in the resolution adopted under subsection (h)(3) of this section, the plan commission shall make such report available for scrutiny by the land divider or petitioner, by village department(s), commission(s), and committee(s) and by other interested persons or agencies, including all contiguous landowners, who shall be given the opportunity to comment. The plan commission may schedule and hold a public hearing on the findings of the report. The hearing shall be preceded by a Class II notice under Chapter 985, Wis. Stats. Persons attending such hearing shall be afforded an opportunity to comment on the report.
(5) Review. The plan commission shall review, as part of its analysis of the preliminary plat, the environmental assessment report, with supporting data, department and committee reviews, and any other data required for determining the suitability of the land for the proposed development.
(i) Referral to Other Agencies.
(1) The village clerk shall, within five days after filing, transmit two copies to the appropriate sanitary district, four copies to the Iowa County planning agency, two copies (or four copies if the subdivision will not be served by a public sewer and provision for such service has not been made) to the director of the plat review office in the Wisconsin Department of Commerce, two additional copies to the director of the plat review office for retransmission to the Wisconsin Department of Transportation if the subdivision abuts or adjoins a state trunk highway or a connecting street, 10 copies to the plan commission, and three copies to the parks and recreation committee. The Iowa County planning agency, the Wisconsin Department of Commerce, and the Wisconsin Department of Transportation shall be hereinafter referred to as objecting agencies.
(2) Within 20 days of the date of receiving the copies of the plat, any state or county agency having authority to object under subsection (h)(1) of this section shall notify the land divider 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 land division shall not be approved or deemed approved until any objections have been satisfied. If the objecting agency fails to act within the 20-day limit it shall be deemed to have no objection to the plat. Sanitary districts within the town may file objections with the plan commission at any time prior to, and including, the board’s public hearing on the land division.
(3) In lieu of the procedure under subsection (h)(1) of this section, the land divider or his agent may submit the original plat to the plat review office of the Department of Commerce, 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 land divider’s expense. Within 20 days of the date of receiving the copies of the plat, any agency having authority to object shall notify the land divider and all agencies having the authority to object, of any objection based upon failure of the plat to comply with 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 development. After each agency and the department 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 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 on the face of the plat by the department.
(j) Drafting Standards. The land divider shall submit to the village clerk and to those agencies having the authority to object to plats under provisions in Chapter 236, Wis. Stats., copies of a preliminary plat 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 one-foot contour intervals, shall identify the improvements (grading, tree planting, paving, installation of facilities and dedications of land), easements which the land divider proposes to make and shall indicate by accompanying letter when the improvements will be provided. Any proposed restrictive covenants for the land involved shall be submitted. [Res. 00-04. Prior code § 10-5-4.02].
16.20.030 Preliminary plat review and approval.
(a) Plan Commission Recommendation.
(1) After review of the preliminary plat and negotiations with the land divider on changes and the kind and extent of public improvements which will be required, the plan commission shall recommend to the village board disapproval, approval or conditional approval of the land division within 90 days of the filing date. (Note: Section 236.11(1)(a), Wis. Stats., states that extensions of time or a decision to hold a matter in abeyance may only be made by agreement of the land divider and village board, not the plan commission.)
(2) The village clerk shall give notice of the plan commission’s review of the preliminary plat by listing it as an agenda item in the commission’s posted meeting notice. The notice shall include the name of the applicant, the address of the property in question and the requested action.
(b) Public Hearing. The village clerk shall schedule a public hearing on the preliminary plat before the plan commission. The village clerk shall give a Class II notice of the plan commission’s review and public hearing on the preliminary plat by listing it as an agenda item in the plan commission’s posted meeting notice. The applicant shall also be notified. The notice shall include the name of the applicant, the address of the property in question and the requested action. Abutting property owners and property owners within 300 feet of the applicant’s total parcel shall receive written notice of the public hearing. The notice shall be published in accordance with the requirements of Wisconsin Statutes for Class II notices.
(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, approve, approve conditionally or reject such plat or survey map and shall state, in writing, any conditions of approval or reasons for rejection, unless the time is extended by agreement with the land divider. 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 land divider the action of the village board. If the plat or map is approved, the village clerk shall endorse it for the village board.
(d) Determination of Adequacy of Public Facilities and Services.
(1) A preliminary plat or final plat shall not be approved unless the plan commission, the sanitary commission (if appropriate), and the village board determine that adequate public facilities and public services are 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.
(2) The applicant shall furnish any data requested by the village board or its designee, who shall transmit this information to the appropriate village commission(s) and committee(s) for review and shall act as coordinator for their reports to the plan commission, sanitary district 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.
(3) Public facilities and public services for a proposed land division may be found to be adequate when the following conditions exist:
a. The proposed land division is located in an urban service area where mainline interceptor sewer service is presently available, under construction, or designated by the village board or sanitary district commission 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 also consider the recommendations of the village board or its designee and the appropriate committee(s) on the capacity of trunk lines and of sewerage treatment facilities and any other information presented.
b. 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 also consider the recommendations of the village board or its designee and the appropriate committee(s) on line capacities, water sources and storage facilities as well as any other information presented.
c. The village board or its designee and the appropriate committee(s) certify to the plan commission and the village board that adequate funds, either public or private, are available to insure the installation of all necessary storm water management facilities.
d. The future residents of the proposed land division can be assured park, recreation and open space facilities and services that meet all applicable standards.
e. The Arena police department and Arena fire protection district verify that timely and adequate service can be provided to the residents.
f. The River Valley School District is given the opportunity to review and comment.
g. The proposed land division is accessible by existing publicly maintained all-weather roads adequate to accommodate both existing traffic and that traffic to be generated by the proposed land division, or necessary additional roads and road improvements are budgeted in the current adopted budget for construction with public or private financing.
h. Where the plan commission and the village board determine that one or more public facilities or services are not adequate for the proposed development, but that a portion of the area could be served adequately, or that careful phasing of the development could result in all public facilities and public services being adequate, conditional approval may include only such portions or may specify phasing of the development.
(4) 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 12 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. 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.
(5) Preliminary Plat Amendment. Should the land divider desire to amend the preliminary plat as approved, he or she 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. [Ord. dated 3/6/12 § 127; Res. 00-04. Prior code § 10-5-4.03].
16.20.040 Final plat review and approval.
(a) Filing Requirements.
(1) The land divider 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 15 days prior to the meeting of the plan commission at which action is desired. The village clerk shall give notice of the plan commission’s meeting in the manner prescribed in the Wisconsin Statutes. The land divider shall file eight copies of the final plat not later than 12 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 land divider and for good cause granted by the village. The land divider 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.
(2) The village clerk shall, within two business days after filing, transmit two copies to the appropriate sanitary district, four copies to the Iowa County planning agency, two copies (or four copies if the subdivision will not be served by a public sewer and provision for such service has not been made) to the director of the plat review office in the Wisconsin Department of Commerce, two additional copies to the director of the plat review office for retransmission to the Wisconsin Department of Transportation if the subdivision abuts or adjoins a state trunk highway or a connecting street, and 10 copies to the plan commission. The county planning agency, the Wisconsin Department of Commerce, and the Wisconsin Department of Transportation shall be hereinafter referred to as objecting agencies.
(3) The final plat shall 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 Section 236.12(2).
(4) Simultaneously with the filing of the final plat or map, the owner shall file with the village clerk 12 copies of the final plans and specifications of public improvements required by this chapter.
(5) The village clerk shall refer two copies of the final plat to the plan commission, one copy to the village engineer, and a copy each to the telephone, electrical power, gas pipeline, cable communications and other utility companies. The abstract of title or registered property report may be referred to the village attorney for his examination and report. The village clerk shall also refer the final plans and specifications of public improvements to the village engineer for review. The recommendations of the plan commission and village engineer shall be made to the village board within 30 days of the filing of the final plat. The village engineer shall examine the plat or 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 map or the plans and specifications are not satisfactory, the village engineer shall return them to the owner and so advise the plan commission.
(b) Plan Commission Review.
(1) The plan commission shall examine the final plat as to its conformance with the approved preliminary plat, and any conditions of approval of the preliminary plat, this title and all applicable ordinances, rules, regulations, master or comprehensive plans and plan components which may affect it and shall recommend approval, conditional approval or rejection of the plat to the village board.
(2) The objecting state and county agencies shall, within 20 days of the date of receiving their copies of the final plat, notify the land divider and all other approving and objecting agencies of any objections, except that the Wisconsin Department of Commerce 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 other than Commerce fails to act within 20 days, it shall be deemed to have no objection to the plat.
(3) 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.
(4) 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.
(c) Board Review and Approval.
(1) 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 land divider. 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 land divider. 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.
(2) Failure of the village board to act within 60 days, the time having not been extended and no unsatisfied objections having been filed, the plat shall be deemed approved.
(3) After the final plat has been approved by the village board, 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 land divider for recording with the Iowa County register of deeds. The register of deeds cannot record the plat unless it is offered within 30 days from the date of last approval and within 24 months after the first approval.
(4) The land divider shall file eight copies of the recorded final plat with the village clerk for distribution to the approving agencies, affected sanitary districts, and other affected agencies for their files.
(d) Partial Platting. The final plat may, if permitted by the village board, constitute only that portion of the approved preliminary plat which the land divider proposes to record at the time.
Note: For review procedures for certified surveys, see AMC 16.25.030. [Ord. dated 3/6/12 § 128; Res. 00-04. Prior code § 10-5-4.04].
16.20.050 Administrative fees.
(a) General. The land divider shall pay the village all fees as hereinafter required and at the times specified before being entitled to recording of a plat or certified survey map.
(b) Engineering Fees. The land divider shall pay a fee equal to the actual cost to the village for all engineering and technical assistance work incurred by the village in connection with the plat or certified survey map, including inspections required by the village. The land divider shall pay a fee equal to the actual cost to the village for such inspection as the village board deems necessary to assure that the construction of the required improvements is in compliance with the plans, specifications and ordinances of the village or any other governmental authority.
(c) Administrative Fees. The land divider shall pay a fee equal to the cost of any legal, administrative or fiscal work and publication and special meeting costs which may be undertaken by the village in connection with the plat or certified survey map.
(d) Preliminary Plat and Certified Survey Review and Final Plat Review Fees. Fees for village review of preliminary plats, final plats, replats, special meetings and certified surveys shall be as established by resolution of the village board.
(e) Escrow Account. At the time of filing with the village clerk a proposed major subdivision or certified survey, the land divider shall deposit with the village clerk an escrow fund amount of $5,000 for major subdivisions and $250.00 for certified surveys. As required at the sole discretion of the village board, funds may be drawn from said escrow accounts for payment of engineering, legal and other administrative and review costs under this title incurred by the village in reviewing the proposed land division. Moneys not required for such administrative costs shall be returned to the applicant. If village costs exceed the initial escrow account amount, the village reserves the right to require additional escrow account deposits from the land divider. [Res. 00-04. Prior code § 10-5-4.05].
16.20.060 Replat.
(a) Except as provided in Section 70.27(1), Wis. Stats., 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 land divider or person wishing to replat shall simultaneously vacate or alter the recorded plat as provided in Sections 236.40 through 236.44, Wis. Stats. The land divider or person wishing to replat shall then proceed, using the procedures for preliminary and final plats.
(b) The village clerk shall schedule a public hearing before the plan commission when a preliminary plat of a replat of lands within the village or extraterritorial zone is filed, and shall cause notices of the proposed replat and public hearing to be mailed to the applicant and to the owners of all properties within the limits of the exterior boundaries of the proposed replat, to all abutting property owners, and to the owners of all properties within 300 feet of the exterior boundaries of the proposed replat. The notice shall be published as a Class 2 notice in accordance with Wisconsin Statutes.
(c) 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 title. [Res. 00-04. Prior code § 10-5-4.06].