Chapter 17.20
LAND DIVISION PROCEDURES

Sections:

17.20.010    Pre-application conference.

17.20.020    Preliminary plat review.

17.20.030    Preliminary plat approval.

17.20.040    Final plat review.

17.20.050    Final plat approval.

17.20.060    Plats within extraterritorial plat approval jurisdiction.

17.20.070    Minor land division (certified survey map review and approval).

17.20.080    Replat.

17.20.090    Condominium plats and PUDs.

17.20.010 Pre-application conference.

It is recommended that, prior to the filing of an application for the approval of a preliminary plat or certified survey map, the subdivider consult with the Town Plan Commission or its staff in order to obtain their advice and assistance. It is recommended that a conceptual plat of the proposed subdivision or certified survey map be brought by the applicant to the meeting, but such conceptual plat is not required. This consultation is neither formal nor mandatory, but is intended to inform the subdivider of the purpose and objectives of these regulations, any applicable comprehensive plan, comprehensive plan components, and duly adopted plan implementation devices of the Town and to otherwise assist the subdivider in planning his development. In so doing, both the subdivider and Town Plan Commission may reach mutual conclusions regarding the general program and objectives of the proposed development and its possible effects on the neighborhood and community. The subdivider will gain a better understanding of the subsequent required procedures. (2008 code § 18.04(1))

17.20.020 Preliminary plat review.

Before submitting a final plat for approval, the subdivider shall prepare a preliminary plat and a letter of application. The preliminary plat shall be prepared in accordance with this title and the subdivider shall file an adequate number of copies of the plat and the application with the Town Clerk at least 25 days prior to the meeting of the Plan Commission at which action is desired.

1.    The Town Clerk shall, within two normal working days after filing, transmit:

a.    Four copies to the Walworth County Planning, Zoning and Sanitation Committee;

b.    Two copies to the Director of Plat Review, Wisconsin Department of Administration;

c.    Additional copies to the Director of Plat Review, Wisconsin Department of Administration for retransmission as follows:

i.    Two copies to the Wisconsin Department of Transportation (WisDOT) if the subdivision abuts or adjoins a state trunk highway or a connecting street;

ii.    Two copies to the Wisconsin Department of Commerce if the subdivision is not served by a public sewer and provision for such service has not been made; and

iii.    Two copies to the Wisconsin Department of Natural Resources (WDNR) if shoreland areas are contained within the proposed subdivision.

2.    The Town Clerk shall also transmit two copies of the preliminary plat to the Town Plan Commission and additional copies of all affected Town committees for their review and recommendations concerning matters within their jurisdiction. The recommendations of Town committees and commissions shall be transmitted 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 title, the Walworth County Zoning Ordinance, and all other Town ordinances, rules, regulations, comprehensive plans, and comprehensive plan components.

3.    The Town Clerk shall send two copies to the Village of Mukwonago or the Village of East Troy if the subdivision lies within the extraterritorial plat approval jurisdiction of either village.

4.    The Town Clerk shall also transmit one copy each of the preliminary plats to:

a.    The Walworth County Land Conservation Office.

b.    The Southeastern Wisconsin Regional Planning Commission.

c.    The Wisconsin Natural Gas Company.

d.    The appropriate telephone company.

e.    The appropriate school district.

For their review and recommendation concerning matters within their jurisdiction, the Walworth County Land Conservation Office, the southeastern Wisconsin Regional Planning Commission, the utility companies and the school board are considered advisory agencies. Their recommendations shall be transmitted to the Planning Commission within 30 days from the date the plat is filed.

5.    Status of Reviewing Agencies.

a.    The following agencies are approving agencies: the Town Board, the Walworth County Planning, Zoning, and Sanitation Committee, and, when the subdivision lies within the extraterritorial plat review jurisdiction of the Village of East Troy or the Village of Mukwonago, the Village Plan Commission or Village Board.

b.    The following agencies are objecting agencies: the Wisconsin Department of Administration, the Wisconsin Department of Transportation, the Wisconsin Department of Commerce, and the Wisconsin Department of Natural Resources.

c.    The following agencies are advisory agencies: the Walworth County Land Conservation Committee, the Southeastern Wisconsin Regional Planning Commission, the utility companies, and the school board. (2008 code § 18.04(2))

17.20.030 Preliminary plat approval.

1.    The objecting agencies shall, within 30 days of the date of receiving their copies of the preliminary plat, notify the subdivider 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 Plan Commission. If an objecting agency fails to act within 30 days, it shall be deemed to have no objection to the plat.

2.    The Town Plan Commission shall, within 90 days of the date of filing of the preliminary plat with the Town Clerk, approve, approve conditionally, or reject such plat. One copy of the plat shall thereupon be returned to the subdivider with the date and action endorsed thereon; and, if approved, conditionally 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.

3.    Failure of the Town Plan Commission to act within 90 days shall constitute an approval of the plat as filed, unless the review period is extended by mutual consent.

4.    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 36 months of preliminary plat approval and conforms substantially to the preliminary plat provided in Wis. Stat. § 236.11(1)(b), the final plat shall be entitled to approval. (Ord. 2016-2 § 1; Ord. 2010-28 § 1. 2008 code § 18.04(3))

17.20.040 Final plat review.

The subdivider shall prepare a final plat and a letter of application in accordance with this title and shall file an adequate number of copies of the plat and the application with the Town Clerk at least 25 days prior to the meeting of the Town Plan Commission at which action is desired.

1.    The Town Clerk shall, within two days after filing, transmit:

a.    Four copies to the Walworth County Planning, Zoning, and Sanitation Committee;

b.    Two copies to the Director of Plat Review, Wisconsin Department of Administration;

c.    One copy to affected utility companies;

d.    Additional copies to the Director of Plat Review, Wisconsin Department of Administration, for retransmission as follows:

i.    Two copies to the Wisconsin Department of Transportation (WisDOT) if the subdivision abuts or adjoins a state trunk highway or a connecting street; and

ii.    Two copies to the Wisconsin Department of Commerce if the subdivision is not served by a public sewer and provision for such service has not been made; and

iii.    Two copies to the Wisconsin Department of Natural Resources (WDNR) if shoreland or floodlands are contained within the proposed subdivision; and

iv.    One copy to each of the affected public or private utilities; and

v.    The original final plat and 10 copies to the Town Plan Commission.

2.    The Town Plan Commission shall examine the final plat to determine if it substantially conforms to the approved preliminary plat; and conditions of approval of the preliminary plat; this chapter and all ordinances, rules, regulations, comprehensive plans and comprehensive plan components which may affect it and shall recommend approval or rejection of the plat to the Town Board. The conclusion and recommendation are not required to be in writing but must be made part of the public records at the proceeding which the final plat is being considered.

3.    Partial Platting. The final plat may, if permitted by the Town Board, constitute only that portion of the approved preliminary plat which the subdivider proposes to record at that time; however, it is required that each phase be final platted and designated as a phase of the approved preliminary plat.

4.    Construction in Phases. Subdividers may construct projects in phases as approved by the Town Board. Security required for improvements may only be required for the phases currently being constructed. Security cannot be required sooner than reasonably necessary before installation of improvements begins pursuant to Wis. Stat. § 236.13(2)(a). (Ord. 2016-2 § 1; Ord. 2010-28 § 2. 2008 code § 18.04(4))

17.20.050 Final plat approval.

The objecting 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. 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 Plan Commission. If an objecting agency fails to act within 20 days, it shall be deemed to have no objection to the plat.

1.    Submission. Pursuant to Wis. Stat. § 236.11(1)(b), the time for submitting final plats for approval is 36 months from the date the preliminary plat is approved. The Town Board may extend the deadline for submission of the final plat.

2.    The Town Plan Commission shall, by mutual agreement within 60 days of the date of filing of the final plat with the Town Clerk, recommend approval or rejection of the plat and shall transmit the final plat and application along with its recommendation to the Town Board.

3.    Notification. The Town Plan Commission shall, when it determines to recommend approval or rejection of a plat to the Town Board, give at least 10 days’ prior written notice of its recommendation to the clerk of any municipality within 1,000 feet of the plat.

4.    The Town Board shall, in accordance with Wis. Stat. § 236.11(2), within 60 days of the date of filing the original final plat with the Town Clerk, approve or reject such plat. The Town Board may act on the plat at the same meeting at which the Town Plan Commission makes its recommendation. One copy of the plat shall thereupon be returned to the subdivider with the date and action endorsed thereon. 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. One copy each of the plat and letter shall be placed in the Town Board’s permanent file. The Town Board shall not inscribe its approval on the final plat unless the Town Clerk certifies on the face of the plat that the copies were forwarded to objecting agencies as required herein, with the date they were forwarded, and that no objections have been filed within 20 days or, if filed, that they have been met.

5.    Failure to the Town Board to act within 60 days, the time having not been extended and no unsatisfied objections having been filed, and all fees payable by the subdivider having been paid, shall constitute approval of the final plat.

6.    Recordation. After the final plat has been approved by the Town Board and required improvements either installed or a contract and sureties insuring their installation is filed, the Town Clerk 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 Walworth County Register of Deeds. Plats must be recorded within 12 months after the last approval and within 36 months from the first approval pursuant to Wis. Stat. § 236.25(2)(b).

7.    Copies. The subdivider shall file 10 copies of the recorded final plat with the Town Clerk for distribution to the review specialist, Town Attorney, Building Inspector, Assessor and other affected departments for their files.

8.    Every developer/subdivider shall have signed a developer’s agreement prior to the issuance of any permits or commencement of construction/development. Such agreement shall be obtained from the Town Board and deemed a legal binding contract between the Town of East Troy and the developer/subdivider.

9.    A professional engineer, planner, or other person designated to review plats must determine if the final plat “substantially conforms” to the preliminary plat. This determination and a recommendation for approval or denial must be given to the Town Board orally or in writing and made part of the public record at the proceeding at which the final plat is being considered pursuant to Wis. Stat. § 236.11(1)(c).

10.    Plats only need to comply with requirements that exist as of the date the preliminary plat is filed (or the date the plat is filed if no preliminary plat was submitted). If a new ordinance is adopted or an existing ordinance is revised after a plat has been submitted, the new requirements cannot be applied to the plat pursuant to Wis. Stat. § 236.13(1)(b). (Ord. 2016-2 § 1; Ord. 2010-29 §§ 1 – 4. 2008 code § 18.04(5))

17.20.060 Plats within extraterritorial plat approval jurisdiction.

1.    When the land to be subdivided lies within one and one-half miles of the corporate limits of a village, the subdivider shall proceed as specified in ETMC 17.25.010 through 17.25.050, except the Town Clerk shall forward one copy of the preliminary and final plats or certified survey maps to the Village Clerk, who shall forward the plats to the Village Plan Commission for review.

2.    Approval agencies, in addition to the Town Board, include the Village of East Troy or the Village of Mukwonago Plan Commission or Village Board, and the County Park and Planning Commission.

3.    When the land to be subdivided falls within the boundary agreement area that exists between the Town of East Troy and the Village of Mukwonago, the terms of the boundary agreement govern. (Ord. 2010-30 § 1. 2008 code § 18.04(6))

17.20.070 Minor land division (certified survey map review and approval).

When it is proposed to divide land into not more than four parcels or building sites any one of which is 15 acres or less in area; or when it is proposed to create by land division not more than four parcels or building sites within a recorded subdivision plat without changing the exterior boundaries of a block, lot or outlot, the subdivider may subdivide by use of a certified survey map. The certified survey map shall include all parcels of land 15 acres or less than 15 acres. The subdivider shall prepare the certified survey map in accordance with this chapter and shall file sufficient copies of the map and the letter of application with the Town Clerk at least 10 days prior to the meeting of the Town Plan Commission at which action is desired.

1.    Pre-application conference similar to the consultation suggested in this chapter is recommended. A preliminary certified survey map may be required when the division provides for land to be dedicated to the public.

2.    The Town Clerk shall, within two normal work days after filing, transmit the copies of the map and letter of application to the Town Plan Commission.

3.    The Town Plan Commission shall transmit a copy of the map to all affected Town boards and commissions for their review and recommendations concerning matters within their jurisdiction. Copies may also be transmitted to the Walworth County Land Conservation Committee and to the Southeastern Wisconsin Regional Planning Commission for review and comment. Their recommendations shall be transmitted to the Town Plan Commission within 20 days from the date the map is filed. The map shall be reviewed by the Town Plan Commission for conformance with this chapter, the Walworth County Zoning Ordinance, and all other ordinances, rules, regulations, comprehensive plans, and comprehensive plan components, neighborhood plans, and Wis. Stat. § 236.34(1), as may be applicable.

4.    The Town Plan Commission shall, within 90 days from the date of filing of the map, recommend approval, conditional approval or rejection of the map, and shall transmit the map along with its recommendations to the Town Board.

5.    The Town Board shall approve, approve conditionally and thereby require resubmission of a corrected map, or reject such map within 120 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 Town Board shall cause the Town Clerk to so certify on the face of the original map.

6.    Recordation. After the certified survey map has been approved by the Town Board, the Town Administrator shall cause the certificate to be inscribed upon the map attesting to such approval, and the Town Clerk shall return the map to the subdivider for recording with the Walworth County Register of Deeds. The Register of Deeds shall not record the map unless it is offered for record within six months after the date of the last approval and within 24 months after the date of first approval, in accordance with Wis. Stat. § 236.34(2)(b)(1).

7.    Copies. The subdivider shall file 10 copies of the recorded certified survey map with the Town Clerk for distribution to the review specialist, Building Inspector, Assessor, and other affected officials for their files. (Ord. 2010-30 §§ 2, 3. 2008 code § 18.04(7))

17.20.080 Replat.

1.    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 subdivider or person wishing to replat shall vacate or alter the recorded plat as provided in Wis. Stat. §§ 236.40 through 236.44. The subdivider, or person wishing to replat, shall then proceed as specified in ETMC 17.20.010 through 17.20.050.

2.    The Town Clerk 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 published and 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. (2008 code § 18.04(8))

17.20.090 Condominium plats and PUDs.

A condominium plat prepared by a land surveyor registered in Wisconsin is required for all condominium plats, planned residential developments, planned unit developments, or any amendments or expansions thereof. Such plat shall comply in all respects with the requirements of Wis. Stat. § 703.11 and shall be reviewed and approved or denied in the same manner as a subdivision plat as set forth in ETMC 17.20.010 through 17.20.050. Such plat shall comply with the design standards, improvements and all other requirements of this title that would otherwise apply to subdivision plats, including, but not limited to, those set forth in Chapters 17.40 and 17.45 ETMC. When it is proposed to develop land into a condominium, a condominium plat shall be filed with the Town Clerk. The condominium developer shall file two copies of a condominium plat with the Town Clerk at least 25 days prior to the meeting of the Town Plan Commission at which action is desired. Prior to submitting a condominium plat, the condominium developer may submit a preliminary condominium development plan. It shall be clearly marked “preliminary condominium development plan” and shall be in sufficient detail to determine whether the proposed development will meet the requirements of this title. If the condominium developer makes application for a conditional use permit with the Walworth County Park and Planning Commission, the condominium developer shall submit a copy of the information provided to the county to the Town Clerk.

The Town Clerk shall, within two days after filing, submit the plat or plan to the Town Plan Commission. The Town Plan Commission shall transmit a copy of the map or plan to all Town Commissions or Departments for their review and recommendations concerning matters within their jurisdiction. Their recommendation shall be transmitted to the Town Plan Commission.

The plat or plan shall be reviewed by the Town Plan Commission for conformance with this title and all ordinances, rules, regulations, adopted regional county or Town comprehensive plan or adopted plan components which affect it. The Town Plan Commission shall, within 60 days of the date of filing copies of the condominium plat with the Town Clerk, approve or reject such condominium plat unless the time is extended by agreement with the developer. If the condominium plat is rejected, the reasons shall be stated in the minutes of the meeting and a written statement of reasons forwarded to the developer.

Failure of the Town Plan Commission to act within 60 days, the time not having been extended, the condominium plat shall be deemed approved. (2008 code § 18.04(9))