Chapter 17.05
LAND DIVISION
Sections:
17.05.040 Abrogation and greater restrictions.
17.05.060 Disclaimer of liability.
17.05.090 Requirement improvements.
17.05.110 Administrative and other fees.
17.05.140 Certified survey map.
17.05.150 Condominium plat and plan.
Cross-reference: RMC Title 12, Streets, Sidewalks and Public Places, and RMC Title 15, Buildings and Construction.
17.05.010 Title – Purpose.
This chapter is entitled “Land Division.” The purpose of this chapter is to regulate and control the division of land within the corporate limits of the town of Richmond, Wisconsin, in order to promote the public health, safety, prosperity, aesthetics and general welfare of the town and its environs. [Ord. dated 11/19/2013 § 1. Code 2002 § 59-1.]
17.05.020 Authority.
These regulations are adopted under the authority granted by Wis. Stats. Section 236.45. [Ord. dated 11/19/2013 § 1. Code 2002 § 59-2.]
17.05.030 Intent.
It is the general intent of this chapter to regulate the division of land so as to:
(a) Obtain the wise use, conservation, protection and proper development of the town’s soil, water, wetland, woodland and wildlife resources and attain a proper adjustment of land use and development to the supporting and sustaining natural resource base.
(b) Lessen congestion in the streets and highways.
(c) Further the orderly layout and appropriate use of land.
(d) Secure safety from fire, panic and other dangers.
(e) Provide adequate light and air.
(f) Facilitate adequate provision for housing, transportation, storm water, wastewater, schools, parks, playgrounds and other public facilities and services.
(g) Secure safety from flooding, water pollution, disease and other hazards.
(h) Prevent flood damage to persons and properties and minimize expenditures for flood relief and flood control projects.
(i) Prevent and control erosion, sedimentation and other pollution of surface and subsurface waters.
(j) Preserve natural vegetation and cover and promote the natural beauty of the town.
(k) Restrict building sites in areas covered by poor soils or in other areas poorly suited for development.
(l) Facilitate the further division of larger tracts into smaller parcels of land.
(m) Ensure adequate legal descriptions and property survey monumentation of subdivided land.
(n) Provide for the administration and enforcement of this chapter.
(o) Provide penalties for violation of this chapter.
(p) Implement those municipal, county, watershed or regional comprehensive plans or their components adopted by the town and in general, to facilitate enforcement of town development standards as set forth in the adopted regional, county and local comprehensive plans and adopted plan components. [Ord. dated 11/19/2013 § 1. Code 2002 § 59-3.]
17.05.040 Abrogation and greater restrictions.
It is not intended by this chapter to repeal, abrogate, annul, impair or interfere with any existing easements, covenants, agreements, rules, regulations or permits previously adopted or issued pursuant to law. However, where this chapter imposes greater restrictions, the provisions of this chapter shall govern. [Ord. dated 11/19/2013 § 1. Code 2002 § 59-4.]
17.05.050 Interpretation.
In their interpretation and application, the provisions of this chapter shall be held to be minimum requirements and shall be liberally construed in favor of the town and shall not be deemed a limitation or repeal of any other power granted by law. Nothing in this chapter is intended to be more restrictive than the time limits, deadlines, notice requirements and other provisions of Wis. Stats. Ch. 236 that provide protections for an applicant. To the extent any provision of this chapter conflicts with the time limits, deadlines, notice requirements or other provisions of Wis. Stats. Ch. 236 that provide protections for an applicant, the provisions of Wis. Stats. Ch. 236 shall apply. [Ord. dated 11/19/2013 § 1. Code 2002 § 59-5.]
17.05.060 Disclaimer of liability.
The town does not guarantee, warrant or represent that only those areas delineated as flood lands on plats and certified survey maps will be subject to periodic inundation, nor does the town guarantee, warrant or represent that the soils shown to be unsuited for a given land use from tests required by ordinance are the only unsuited soils. There is no liability on the part of the town board, its agencies or employees for flooding problems, sanitation problems, or structural damages that may occur as a result of reliance upon, and conformance with, this chapter. [Ord. dated 11/19/2013 § 1. Code 2002 § 59-6.]
17.05.070 Repeal.
All other ordinances or parts of ordinances of the town inconsistent or conflicting with this chapter, to the extent of inconsistency only, are hereby repealed. [Ord. dated 11/19/2013 § 1. Code 2002 § 59-7.]
17.05.080 General provisions.
(a) Jurisdiction. The provisions of this chapter apply to all lands within the town of Richmond, Walworth County, Wisconsin. The provisions of this chapter as it applies to divisions of tracts of land into less than five parcels shall not apply to:
(1) Transfer of interests in land by will or pursuant to court order.
(2) Leases for a term not to exceed 10 years, mortgages or easements.
(3) Sale or exchange of parcels of land between owners of adjoining property if additional lots are not thereby created and lots resulting are not reduced below the minimum sizes required by these regulations, the zoning ordinances or other applicable laws or ordinances.
(b) Compliance. No person, firm or corporation shall divide any land located within the town so that such division results in a subdivision, minor land division or replat as defined herein; no such subdivision, minor land division or replat shall be entitled to recording; and no street shall be laid out or improvements made to land, without compliance with all requirements of this chapter and the following documents:
(1) Wis. Stats. Ch. 236, and all amendments and modifications thereto.
(2) Provisions of the Wisconsin Administrative Code regulating lot size and lot elevation if the land to be subdivided is not served by a public sewer and provisions for such service have not been made.
(3) Rules of the Wisconsin Department of Transportation relating to safety of access and the preservation of the public interest and investment in the highway system if the land owned or controlled by the applicant abuts on a state trunk highway or connecting street.
(4) Duly approved master plan or comprehensive plan component of the town of Richmond.
(5) All applicable state, federal, local and county statutes, codes, regulations, and ordinances, including, but not limited to, the federal Clean Water Act, U.S. Army Corps of Engineers Section 303 Permits, RMC Title 12, Streets, Sidewalks and Public Places, and RMC Title 15, Buildings and Construction.
(6) Wisconsin Administrative Code Sections NR 151, NR 216, NR 103 and Wis. Stats. Ch. 30, as applicable.
(c) Violations. It is unlawful to divide, convey, record or monument any land in violation of this chapter or the Wisconsin Statutes; and no person, firm or corporation shall be issued a town building permit, authorizing the building on, or improvement of, any lot or any part of any subdivision, minor subdivision, minor land division, or replat within the jurisdiction of this chapter until the provisions and requirements of this chapter have been fully met. The town may institute appropriate action or proceedings to enjoin violations of this chapter.
(d) Penalties. Any person, firm or corporation who fails to comply with the provisions of this chapter shall, upon conviction thereof, forfeit not less than $100.00 nor more than $500.00 and the costs of prosecution for each violation. Each day a violation exists or continues shall constitute a separate offense.
(e) Appeals. Any person aggrieved by an objection to a plat or a failure to approve a plat may appeal therefrom, as provided in Wis. Stats. Section 236.13(5), within 30 days of notification of the rejected plat. Where failure to approve is based on an unsatisfied objection, the agency making the objection shall be made a party to the action.
(f) Dedication and Reservation of Lands for Streets, Highways and Drainage Ways. Whenever a tract of land to be divided within the jurisdiction of this chapter encompasses all or any part of an arterial or collector street, drainage way or other public way which has been designated on a duly adopted town or regional comprehensive plan component, said public way shall be made a part of the plat and dedicated or reserved by the applicant in the locations and dimensions indicated on said plan or component. The town, in its discretion, may permit or require the creation of a private road, to be maintained by the owner at such owner’s expense and consistent with the other town ordinances, to the standards set forth in the municipal code for a public roadway.
(g) Improvements. Before final approval of any plat or certified survey map located within the jurisdictional limits of this chapter, the applicant shall install street and utility improvements as hereinafter provided. If such improvements are not installed as required at the time that the final plat is submitted for approval, the applicant shall, before the recording of the plat, enter into a contract with the town agreeing to install the required improvements and shall file with said contract a bond or letter of credit meeting the approval of the town attorney or a certified check in the amount equal to 125 percent of the estimated cost of the improvements. Said estimate is to be made by the town board after review and recommendation of the town engineer, as a guarantee that such improvements will be completed by the applicant or his subcontractors not later than two years from the date of recording of the plat and as a further guarantee that all obligations to subcontractors for work on the development are satisfied. In addition:
(1) Contracts and contract specifications for the construction of street and utility improvements on dedicated street rights-of-way, as well as the contractors and subcontractors providing such work, shall be subject to review by the plan commission upon approval of the town engineer and the town attorney.
(2) Governmental units to which these bond and contract provisions apply may file, in lieu of said contract and bond, a letter from officers authorized to act on their behalf agreeing to comply with the provisions of this section.
(3) Survey Monuments. Before final approval of any plat with the town, the applicant shall install survey monuments placed in accordance with the requirements of Wis. Stats. Section 236.15, and as may be required by the town engineer.
(h) Special Exceptions. Where, in the judgment of the town board, it would be inappropriate to apply literally the provisions of this chapter because exceptional or undue hardship would result, the town board may grant a special exception from any requirement to the extent deemed just and proper. No special exception to the provisions of this chapter shall be granted unless the town board finds that all of the following facts and conditions exist and so indicates in the minutes of its proceedings:
(1) Exceptional Circumstances. There are exceptional, extraordinary or unusual circumstances or conditions where a literal enforcement of the requirements of this chapter would result in severe hardship. Such hardships should not apply generally to other properties or be of such recurrent nature as to suggest that the land division ordinance should be changed.
(2) Preservation of Property Rights. That such special exception is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same vicinity.
(3) Absence of Detriment. That the special exception will not create substantial detriment to adjacent property and will not materially impair or be contrary to the purpose and spirit of this chapter or the public interest.
The town board may waive the placing of monuments, required under Wis. Stats. Section 236.15(1)(b), (c) and (d), for a reasonable time, not to exceed one year, on condition that the applicant execute a surety bond to insure the placing of such monuments within the required time limits established by statute. Additional time may be granted upon a showing of reasonable cause. [Ord. dated 11/19/2013 § 1. Code 2002 § 59-8.]
17.05.090 Requirement improvements.
(a) Survey Monuments. The applicant shall install survey monuments placed in accordance with the requirements of Wis. Stats. Ch. 236.15, and as may be required by the town engineer.
(b) Grading. After the installation of temporary block corner monuments by the applicant and establishment of street guides by the town engineer, the applicant shall grade the full width of the right-of-way of all streets proposed to be dedicated in accordance with plans and standard specifications approved by the town plan commission, upon the recommendations of the town engineer. The applicant shall grade the roadbeds in the street rights-of-way to subgrade. Cut and filled lands shall be graded to a maximum slope of 1:4 or the soil angle of repose, whichever is the lesser, and covered with permanent approved grasses as outlined in the current issue of the Wisconsin Standard Specifications for Road and Bridge Construction. Also, the fill material should be compacted in accordance with the current regulations of the Wisconsin Standard Specifications for Road and Bridge Construction or the approved plans and specifications.
(c) Surfacing. After the installation of all utility and storm water drainage improvements, the applicant shall surface all roadways in streets proposed to be dedicated to the widths prescribed by these regulations and the comprehensive plan or the comprehensive plan components of the town.
All roadways shall be built to town road standards as set forth in Wis. Stats. Section 82.50, and all subsequent amendments and modifications, and be surfaced with a four-inch hot mix bituminous concrete pavement, made up of a two-and-one-half-inch binder course and one-and-one-half-inch surface course, placed on a 10-inch-thick crushed stone base. The bituminous pavement shall be constructed in stages.
The binder course shall be placed initially upon completion of the utilities, and the surface course shall be placed at such time as 75 percent of the lots within the subdivision have been developed, but not sooner than one year or longer than two years after the date the binder course was placed, or a date as otherwise agreed to by the town board. Any repair to the binder course prior to the placement of the surface course will be at the expense of the applicant. Said surfacing shall be done in accordance with plans and standard specifications approved by the town board upon the recommendation of the town engineer.
(d) Rural Street Sections.The applicant shall finish grade all shoulders and road ditches, install all necessary culverts at intersections and, if required, surface ditch inverts to prevent erosion and sedimentation in accordance with plans and standard specifications approved by the town board, as recommended by the town engineer.
(e) Storm Water Drainage Facilities. The applicant shall construct storm water drainage facilities adequate to serve the subdivision which may include road ditches, open channels, water detention/retention structures and settling basins. All such facilities shall be of adequate size and grade to hydraulically accommodate the maximum potential volumes of flow and shall be so designed as to prevent and control soil erosion and sedimentation and to present no hazards to life or property. The applicant shall comply with the Walworth County storm water ordinance and Wisc. Admin. Code Chapter NR 151. In addition:
(1) Unpaved road ditches and street gutters shall be shaped and seeded and/or sodded as grassed water ways. Where the velocity of flow is in excess of four feet per second on soils having a severe or very severe erosion hazard and in excess of six feet per second on soils having moderate, slight or very slight erosion hazard, the applicant shall install check dams, flumes or other energy dissipating devices.
(2) Shoreland drainage facilities shall, if required, include water detention/retention structures and settling basins so as to prevent erosion and sedimentation where such facilities discharge into streams or lakes. The design criteria, size, type, grades and installation of all storm water drains and sewers and other cross-section, invert and erosion control paving check dams, flumes or other energy dissipating devices and seeding and/or sodding of open channels and unpaved road ditches proposed to be constructed shall be in accordance with the plans and standard specifications approved by the town engineer.
(f) Water Supply Facilities. When public water supply and distribution facilities are available to the subdivision plat, the applicant shall cause such water supply and distribution facilities to be installed in such a manner as to make adequate water service available to each lot within the subdivision. The applicant shall make provision for adequate water systems as required by the standards of the Wisconsin Department of Natural Resources and the Wisconsin Department of Commerce. Where public water supply and distribution facilities are not available, each building shall have its own well or water supply.
(g) Other Utilities. The applicant shall cause gas, electrical power, telephone facilities and cable television facilities to be installed in such manner as to make adequate service available to each lot on the subdivision. No such electrical or telephone service shall be located on overhead poles. In addition, plans indicating the proposed location of all gas, electric, cable television and telephone lines required to service the plat shall be approved by the town engineer.
(h) Street Signs. The applicant shall install at the intersections of all streets proposed to be private or dedicated a street sign of a design approved by the town board, as recommended by the town engineer. The applicant shall also install the required stop or yield signs.
(i) Roadways. It is the policy of the town to encourage the use of private roads in subdivisions, rather than the dedication of new public road. Subject to this policy, the following provisions govern the construction of public and private roads:
(1) Public Roads. A base coat for public roads in subdivisions shall generally be constructed approximately one year after general construction in the subdivision. A finish coat shall be constructed later at a time to be established by the town engineer. Both layers of the roadway shall be inspected by the town engineer. The times established for construction of the base coat and finish coat may be altered by the town engineer with approval of the town board.
(i) Any costs involved with the inspection and the review of the engineering plans as related to roadways shall be borne by the applicant.
(ii) Any public road shall be built to the standards of town roads as contained in the Town of Richmond Municipal Code.
(iii) Any costs involved with the inspection and the review of the base coat and the as built roadway shall be borne by the applicant.
(2) Private Roads and Common Development Areas. Private roads and common areas within the development shall be maintained by the applicant and/or subdivision association. If a private road is built, it need not be built to town road specifications, but shall comply with any requirements imposed by Walworth County. Unless waived by the town board, the town shall only, upon the request of the applicant, homeowners’ and/or subdivision association, accept an approved and built private road as a public road if it is engineered and built to the same standards as a public road. Deeds to homeowners should state that any road built as a private road may not be accepted by the town as a public road in the future.
(j) Sediment Control. The applicant shall plant those grasses, trees and vines, of a species and size specified by the town board, necessary to prevent soil erosion and sedimentation. The applicant shall comply with any and all county and state codes and ordinances related to erosion control. In addition:
(1) The town board may require the applicant to provide or install certain protection and rehabilitation measures, such as fencing, sloping, seeding, riprap, revetments, jetties, clearing, dredging, snagging, drop structures, brush mats, willow poles and grade stabilization structures.
(2) Tree cutting and shrubbery clearing shall not exceed 50 percent of the lot or tract and shall be so conducted as to prevent erosion and sediment; preserve and improve scenic qualities; and during foliation, substantially screen any development from stream or lake users.
(3) Paths and trails in wooded and wetland areas shall not exceed 10 feet in width unless otherwise approved by the town board, and shall be so designed and construed as to result in the least removal and disruption of trees and shrubs and the minimum impairment of natural beauty.
(4) Earth moving, such as grading, topsoil removal, mineral extraction, stream course changing, road cutting, water way construction or enlargement, removal of stream or lake bed materials, excavation, channel clearing, ditching, drain tile laying, dredging and lagooning shall be so conducted as to prevent erosion and sedimentation and to least disturb natural fauna, flora, water course, water regimen and topography.
(k) Street Lights. If applicable, the applicant shall install street lights as determined by the town board.
(l) Ownership and Maintenance of Certain Elements. Designated common open space, private roads and common facilities shall be owned and managed by one or a combination of the following:
(1) A homeowners’ association.
(2) A condominium association established in accordance with the Condominium Ownership Act, Wis. Stats. Ch. 703.
(3) A nonprofit conservation organization.
(4) The town or another governmental body empowered to hold an interest in real property.
(5) An individual who will use the land for open space purposes as provided by a conservation easement.
(m) Homeowners’ Association.
(1) A homeowners’ association shall be established by applicant if the common open space is proposed to be owned by a homeowners’ association. Membership in the association shall be mandatory for all purchasers of homes or land in the development and their successors. The bylaws and the declaration of covenants, conditions, and restrictions of the homeowners’ association shall guarantee continuing maintenance of the open space and other common facilities, and shall be submitted for approval to the town board as part of the information required for the preliminary plat.
(2) The homeowners’ association bylaws of the homeowners’ association or the declaration of covenants, conditions, and restrictions shall contain the following information:
(i) The legal description of the common land and/or private road(s).
(ii) A description of common facilities.
(iii) The restriction placed upon the use and enjoyment of the lands or facilities.
(iv) Persons or entities entitled to enforce the restrictions.
(v) A mechanism to assess and enforce the common expenses for the land or facilities including upkeep and maintenance expenses, real estate taxes and insurance premiums.
(vi) A mechanism for resolving disputes among the owners or association members.
(vii) The conditions and timing of the transfer of ownership and control of land or facilities to the association.
(viii) Any other matter applicant deems appropriate.
(n) Condominium Association. If the common open space and facilities is to be held as a condominium under Wis. Stats. Ch. 703, the condominium instruments shall identify the restrictions placed upon the use and enjoyment of the common open space. All common open space shall be held as a “common element” as defined in Wis. Stats. Section 703.01(2).
(o) Nonprofit Conservation Organization. If the common open space is to be held by a nonprofit conservation organization, the organization must be acceptable to the town board. The conveyance to the nonprofit conservation organization is subject to town board approval and must contain appropriate provisions for reversion in the event the organization becomes unwilling or unable to uphold the terms of the conveyance.
(p) Public Dedication. The town board may accept dedication of fee title or a conservation easement to the common open space if, at a minimum:
(1) The common open space is accessible to the residents of the town.
(2) The town board agrees to, and has access to, maintain the common open space.
(3) Streets or other public ways which have been designated on a duly adopted official map or element of the town comprehensive plan shall be dedicated or reserved by applicant to the town. The street or public way shall be made a part of the plat in the locations and dimensions indicated in the comprehensive plan and as set forth in this chapter.
(q) Individual Ownership. An individual may hold fee title to the land while a nonprofit conservation organization or other qualified organization holds a conservation easement prescribing the acceptable uses for the common open space.
(r) Maintenance Plan. Every applicant for a subdivision must provide a plan to properly manage the common open space in perpetuity and to properly manage and maintain all common facilities, including any stormwater facilities and private roads. This plan shall be approved by the town board prior to final plat approval.
(1) The plan shall:
(i) Designate the ownership of the open space and common facilities in accordance with subsection (l) of this section.
(ii) Establish necessary regular and periodic operation and maintenance responsibilities.
(iii) Estimate staffing needs, insurance requirements, and other associated costs and define the means for funding the same on an ongoing basis.
(iv) Include a land stewardship and maintenance plan specifically focusing on the long-term management of common open space lands and private roads. A private road maintenance agreement, in a form approved by the town board, shall be recorded as a part of the deed for every parcel or unit of property to which the private road provides access. The maintenance agreement shall be binding on all parties, shall guarantee a financial mechanism for, and actual, regular maintenance of the private road by all owners of property to which the private road provides access.
(2) In the event that the organization established to own and maintain the open space, common facilities, and/or private roads, or any successor organization, fails to maintain all or any portion of the common facilities in reasonable order and condition in accordance with the maintenance plan or agreement and all applicable laws, rules, and regulations, the town board may serve written notice upon such organization, and upon the residents and owners of the open space and common facilities, setting forth the manner in which the organization has failed to maintain the common facilities in reasonable condition. Such notice shall set forth the nature of corrections required and the time within which the corrections shall be made.
(i) Upon failure to comply within the time specified, the organization, or any successor organization, shall be considered in violation of this chapter, in which case any bond or other financial guaranty of the performance may be forfeited, and any permits may be revoked or suspended.
(ii) The town board or its designee may enter the premises and take corrective action.
(iii) The costs of any corrective action taken by the town board shall be assessed ratably, in accordance with tax assessments, against the properties that have the right of enjoyment of the common facilities and shall become a lien on said properties. The town clerk shall file a notice of such lien in the office of the county register of deeds. [Ord. dated 11/19/2013 § 1. Code 2002 § 59-9.]
17.05.100 Construction.
(a) Commencement. No construction or installation of improvements shall commence in a proposed subdivision until the preliminary plat or certified survey map has been approved by the town board and the town engineer has given written authorization. Inspection fees shall be required as specified in RMC 17.05.110.
(b) Building Permits. No building, zoning or sanitary permits shall be issued for erection of a structure on any lot not of record until all the requirements of this chapter have been met.
(c) Plans. The following plans and accompanying construction specifications shall be required by the town board, reviewed by the town engineer and approved by the town board before authorization of construction or installation of improvements:
(1) Street plans and profiles showing existing and proposed grades, elevations and cross-sections of required improvements.
(2) Storm sewer plans and profiles, if any, showing the locations, grades, sizes, cross-sections, elevations and materials of required facilities.
(3) Erosion and sedimentation control plans showing those structures required to retard the rate of runoff water and those grading and excavating practices that will prevent erosion and sedimentation.
(4) Planting plans showing the locations, age, diameter at a height of four feet and specifications of any required grasses, vines, shrubs and trees.
(5) Additional special plans or information as required.
(d) Erosion Control. The applicant shall cause all grading, excavations, open cuts, side slopes and other land surface disturbances to be so mulched, seeded, sodded or otherwise protected that erosion, siltation, sedimentation and washing are prevented, in accordance with the plans and specifications approved by the town board upon recommendation of the town engineer.
The applicant shall comply with any and all applicable county and state codes and ordinances and shall provide the town board and town engineer with a copy of any and all permits received. In addition:
(1) Sod shall be laid in strips at those intervals necessary to prevent erosion and right angles to the direction of drainage.
(2) Temporary vegetation and mulching shall be used to protect critical areas and permanent vegetation shall be installed as soon as practical.
(3) Construction at any given time shall be confined to the smallest practical area and for the shortest practical period of time.
(4) Sediment basins shall be installed and maintained at all drainage ways to trap, remove and prevent sediment and debris from being washed outside the area being developed.
(e) Existing Flora. The applicant shall make every effort to protect and retain all existing trees, shrubbery, vines and grasses not actually lying in public roadways, drainage ways, building foundation sites, private driveways, soil absorption waste disposal areas, paths and trails. Such trees are to be protected and preserved during construction in accordance with sound conservation practices, including the preservation of trees by well islands or retaining walls whenever abutting grades are altered.
(f) Inspection. The applicant, prior to commencing any work within the subdivision, shall notify the town clerk to make arrangements with the town engineer to provide for adequate inspection. The town engineer shall inspect and approve all completed work prior to approval of the final plat or release of the sureties.
(g) Other Improvements.
(1) Any and all other improvements that are required by the county to be performed by the applicant must be dealt with in a similar manner as private roads (i.e., if there is extensive drainage or other improvement(s) that may need to be to maintained in the future); such costs must be borne by the homeowners and be addressed within the covenants or by a deed restriction.
(2) Additionally, in the covenants or by deed restriction, the town board shall be granted access to the property to maintain any item that may be causing damage or could potentially cause damage (for instance: the town has a right to cross any out-lots to maintain drainage canals so that adjoining properties are not otherwise flooded). The applicant should state that the homeowners’ association will maintain common elements, but in an emergency the town board has a right to cross any properties to attend to problems. The homeowners’ association and/or lot owners shall reimburse the town for any such work.
(3) The standards for the construction of any improvement should be included for engineering review (i.e., retaining walls should indicate the means of construction including the height with the walls, construction methods, etc.). [Ord. dated 11/19/2013 § 1. Code 2002 § 59-10.]
17.05.110 Administrative and other fees.
(a) General. An applicant shall pay all the costs incurred by the town as a result of the applicant’s request for plat or subdivision development. These can include, but are not limited to, engineer, attorney, surveyor or construction specialist fees. The fee schedule shall be included with the application information packet.
(b) Contribution. The town board may require that, as part of the development process, the applicant contribute for particular items that may be necessary for public health and safety. For instance, if a high-rise condominium is proposed by the applicant, the town board may require that the applicant bear all costs for the acquisition of any new and required equipment for the local fire department to service that building.
(c) Administrative Fee. The applicant shall pay a fee equal to the cost of any legal, administrative or fiscal work which may be undertaken by the town in connection with the plat or certified survey map. Legal work shall include the drafting of contracts between the town and the applicant. These fees may also include the cost of obtaining professional opinions of including, but not limited to, attorneys, engineers, landscape architects and land planners, requested by the town board or plan commission in connection with the land division being considered.
(d) Professional Consultant Fee. The town board may retain the services of professional consultants, including planners, engineers, architects, attorneys, environmental specialists, recreational specialists and other experts, to assist in the town’s review of a proposal coming before the plan commission or the town board. The submittal of a development proposal application or petition by an applicant shall include an agreement to pay for such professional review services applicable to the proposal. The town board may charge the costs for these services to the applicant. The town board may delay acceptance of the application or petition as complete, or may delay final approval of the proposal, until such fees are paid by the applicant. Review fees which are charged to an applicant, but which are not paid, may be levied by the town as a special assessment against the subject property.
(e) Deposit. At the time of submission of a plat or certified survey, the plan commission or the town board, in its sole discretion, may require the applicant to make a good faith deposit with the treasurer to cover, in all or part, the expenses anticipated to be incurred by the town because of land division. Unused portions of such fund shall be refunded to the applicant.
(f) Engineering Fee. The applicant shall pay a fee equal to the actual cost to the town for all engineering work incurred by the town in connection with the plat or certified survey map, including inspections required by the town pursuant to RMC 17.05.100(f). The applicant shall pay a fee equal to the actual cost to the town for such engineering work and inspection as the town board and/or town engineer deems necessary to assure that the construction of the required improvements is in compliance with the plans, specifications and ordinances of the town or any other governmental authority. Engineering work shall include the preparation of construction plans, standard specifications and administration of the engineering work.
(g) The applicant shall pay to the town treasurer at the time of the first application for approval of any preliminary plats or certified survey maps to assist in defraying the cost of review a fee of:
(1) Five hundred dollars plus $10.00 for each lot or parcel within the preliminary plat.
(2) One hundred dollars plus $10.00 for each lot or parcel within the certified survey map.
(3) One hundred dollars plus $10.00 for each unit within a condominium plat.
(h) Building permit fees may be determined by the town board. [Ord. dated 11/19/2013 § 1. Code 2002 § 59-11.]
17.05.120 Preliminary plat.
(a) General. A preliminary plat shall be required for all subdivisions, shall comply with Wis. Stats. Ch. 236, and shall be based upon a survey by a registered land surveyor and the plat prepared on tracing cloth, reproducible drafting film, or paper of good quality at a map scale of not more than 100 feet to the inch and shall show correctly on its face the following information:
(1) Title or name under which the proposed subdivision is to be recorded. Such title shall not be the same or similar to a previously approved and recorded plat, unless it is an addition to a previously recorded plat and is so stated on the plat.
(2) Property location of the proposed subdivision by government lot, quarter-section, township, range, county and state.
(3) General location sketch showing the location of the subdivision within the U.S. Public Land Survey section.
(4) Date, graphic scale and north arrow.
(5) Names and addresses of the owner, applicant and land surveyor preparing the plat.
(6) Entire area contiguous to the proposed plat owned or controlled by the applicant shall be included on the preliminary plat even though only a portion of said area is proposed for immediate development. The town board may waive this requirement where it is unnecessary to fulfill the purposes and intent of this chapter and severe hardship would result from strict application thereof.
(b) Plat Data. All preliminary plats shall show the following:
(1) Exact length and bearing of the exterior boundaries of the proposed subdivision referenced to a corner established in U.S. Public Land Survey and total acreage encompassed thereby and shall comply with Wis. Stats. Ch. 236.
(2) Existing and proposed contours at vertical intervals of not more than two feet where the slope of surface is less than 10 percent and of not more than five feet where the slope of the ground surface is 10 percent or more. Elevations shall be marked on such contours based on National Geodetic Vertical Datum (NGVD) of 1929 (mean sea level).
(3) Water elevations of adjoining lakes and streams at the date of the survey and approximate high and low water elevations, all referred to mean sea level (1929) datum.
(4) Floodplain limits and the contour line lying a vertical distance of two feet above the elevation of the 100-year recurrence interval flood, or where such data is not available, five feet above the elevation of the maximum flood of record.
(5) Location, right-of-way width and names of all existing streets, alleys or other public ways, easements, railroads and utility rights-of-way and all section and quarter-section lines within the exterior boundaries of the plat or immediately adjacent thereto.
(6) Type, width and elevation of any existing street pavements within the exterior boundaries of the plat or immediately adjacent thereto together with any legally established centerline elevations, all to mean sea level (1929) datum.
(7) Location and names of any adjacent subdivisions, parks and cemeteries and owners of record of abutting unplatted lands.
(8) Location, size and invert elevation of any existing sanitary or storm sewers, culverts and drain pipes, the location of manholes, catch basins, hydrants, power and telephone poles, and the location and size of any existing water and gas mains within the exterior boundaries of the plat or immediately adjacent thereto. If no sanitary or storm sewers or water mains are located on or immediately adjacent to the lands being platted, the nearest such sewers or water mains which might be extended to serve such land shall be indicated by their direction and distance from the nearest exterior boundary of the plat and their size and invert elevations.
(9) Location of all existing property boundary lines, structures, drives, streams and water courses, marshes, rock outcrops, wooded areas, railroad tracks and other similar significant natural or manmade features within the tract being subdivided or immediately adjacent thereto.
(10) Location, width and names of all proposed roadways, public rights-of-way, such as alleys and easements.
(11) Approximate dimensions of all lots together with proposed lot and block numbers.
(12) Location and approximate dimensions and size of any sites to be reserved or dedicated for parks, playgrounds, drainage ways or other public use or which are to be used for group housing, shopping center, church sites or other private uses not requiring platting.
(13) Approximate radii of all curves.
(14) Existing zoning on and adjacent to the proposed subdivision.
(15) Any proposed lake and stream access with a small drawing clearly indicating the location of the proposed subdivision in relation to the access.
(16) Any proposed lake and stream improvement or relocation.
(17) Soil type, slope and boundaries as shown on the detailed operational soil survey maps prepared by the U.S. Soil Conservation Service.
(18) Location of soil boring tests, where required by the Wisconsin Administrative Code, made to a depth of six feet, unless bedrock is at a lesser depth. The number of such tests shall be adequate to portray the character of the soil and the depths of bedrock and groundwater from the natural undisturbed surface. To accomplish this purpose, a minimum of one test per three acres shall be made initially. The results of such tests shall be submitted along with the preliminary plat.
(19) Location of soil percolation tests where required by the Wisconsin Administrative Code, taken at the location and depth in which soil absorption waste disposal systems are to be installed. The number of such tests initially made shall not be less than one test per three acres or one test per lot, whichever is greater. The results of such test shall be submitted along with the preliminary plat.
(c) Street Plans and Profiles. The town plan commission, upon the recommendation of the town engineer, may require that the applicant provide street plans and profiles showing existing ground surface, proposed and established street grades, including extensions or a reasonable distance beyond the limits of the proposed subdivision when requested. All elevations shall be based upon National Geodetic Vertical Datum (NGVD) and plans and profiles shall meet the approval of the town engineer.
(d) Testing. The town board, upon the recommendation of the town 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 ground water table. The town does not guarantee, warrant or represent that only those soils tested and shown to be unsuited for specific uses are the only unsuited soils within the town and thereby asserts that there is no liability on the part of the town board, its agencies or employees for sanitation problems or structural damages that may occur as a result of reliance upon, and conformance with, this chapter. Where the subdivision will not be served by public sanitary sewer service, the provisions of the Wisconsin Administrative Code shall be complied with; and the appropriate data submitted with the preliminary plat.
(e) Soil and Water Conservation. The town board, upon the recommendation of the town engineer, after determining from a review of the preliminary plat that the soil, slope, vegetation and drainage characteristics of the site are such as to require substantial cutting, clearing, grading and other earth moving operations in the development of the applicant to provide soil erosion and sedimentation control plans and specifications. Such plans shall generally follow the guidelines and standards set forth by the Wisconsin Department of Natural Resources, as well as any and all relevant county and state requirements, and shall be in accordance with standards set forth in this chapter.
(f) Covenants. The town board shall require submission of a draft of covenants, whereby the applicant intends to regulate land use in the proposed subdivision and otherwise protect the proposed development. The covenants shall be subject to the review and the approval of the town attorney.
(g) 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 that he has fully complied with the provisions of this chapter.
(h) Review. Before submitting a final plat for approval, the applicant shall prepare a preliminary plat with supporting data and a letter of application. The applicant shall file an adequate number of copies of the plat, with supporting data and the application, with the town clerk together with all necessary fees. In addition:
(1) Within two days after the preliminary plat is submitted for approval, legible copies, together with a list of the authorities to which the plat must be submitted for approval, under Wis. Stats. Section 236.10, or objection under this subsection, furnished by the applicant at the applicant’s expense, shall be sent by the town clerk to the following agencies which have authority to object to the plat:
(i) Two copies each – the Director of Plat Review, Wisconsin Department of Administration and, if applicable, the clerk of a city or village having extraterritorial jurisdiction who shall examine the plat for compliance with Wis. Stats. Sections 236.15, 236.20 and 236.21(1) and (2).
(ii) Two copies – Wisconsin Department of Transportation if the subdivision abuts or adjoins a state trunk highway or connecting street.
(iii) Two copies – Wisconsin Department of Commerce if the subdivision is not served by a public sewer and provision for such service has not been made.
(iv) Two copies – Wisconsin Department of Natural Resources if shoreland areas are contained within the proposed subdivision.
(v) Four copies – Walworth County planning, zoning and sanitation committee.
(2) In lieu of the procedure under subsection (h)(1) of this section, the applicant may submit the original plat to the town clerk which shall forward the requisite copies to each of the agencies authorized by subsection (h) of this section to object. The town clerk shall have the required number of copies made at the applicant’s expense.
(3) The town clerk shall also transmit a copy of the preliminary plat and supporting data to all other affected town commissions or departments, school districts and all affected local utility companies for their review and recommendations concerning matters within their jurisdiction. Their recommendations shall be transmitted to the town plan commission within 15 days from the date the plat is filed. The preliminary plat and supporting data shall then be reviewed by the town plan commission and town engineer for conformance with the municipal code, rules, regulations, comprehensive plans and comprehensive plan components, and neighborhood plans. The town plan commission shall then recommend approval, conditional approval or rejection of the preliminary plat to the town board which shall act upon the preliminary plat at its next duly noticed meeting.
(i) Approval. Any objecting agencies shall, within 20 days of the date of receiving their copies of the preliminary plat and supporting data, notify the applicant and all other approving and objecting agencies of any objections based upon failure of the plat to comply with this chapter or rules which its examination under Wis. Stats. Section 236.12(2) is authorized to cover. 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. In addition:
(1) The town board shall, within 90 days of the date of filing of a preliminary plat and supporting data with the town clerk, approve, approve conditionally, or reject such plat. One copy of the plat shall thereupon be returned to the applicant 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 board’s file.
(2) Failure of the town board to act within 90 days or within the time as extended by agreement with the applicant shall constitute an approval of the preliminary plat as filed.
(3) 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 as indicated in Wis. Stats. Section 236.11(1)(b), the final plat shall be entitled to approval. The preliminary plat and supporting data 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 town plan commission and town board at the time of its submission. [Ord. dated 11/19/2013 § 1. Code 2002 § 59-12.]
17.05.130 Final plat.
(a) General. A final plat prepared by a registered land surveyor shall be required for all subdivisions. It shall comply in all respects with the requirements of Wis. Stats. Section 236.20.
(b) Additional Information. The plat shall show correctly on its face, in addition to the information required by Wis. Stats. Section 236.20, the following:
(1) Exact length and bearing of the centerline of all streets.
(2) Exact street width along the line of any obliquely intersecting street.
(3) Railroad rights-of-way within and abutting the plat.
(4) Setbacks or building lines.
(5) Utility and/or drainage easements.
(6) Street addresses on each lot as determined by the town clerk.
(7) All lands reserved for future public acquisition or reserved for the common use of property owners within the plat.
(8) Special restrictions required by the town board relating to access control along public ways or to the provision of platting strips.
(b) Deed Restrictions. The town board may require that deed restrictions be filed with the final plat and shall be recorded with the approved plat.
(c) Survey Accuracy. The town engineer shall examine all final plats and may make, or cause to be made by a registered land surveyor under the supervision or direction of the town engineer, field checks for the accuracy and closure of survey, the proper kind and location of monuments and the legibility and completeness of the drawing. In addition:
(1) Maximum error of closure before adjustment of the survey of the exterior boundaries of the subdivision shall not exceed, in horizontal distance of position, the ratio of one part in 10,000, nor in azimuth, of four seconds of arc per interior angle. If field measurements exceed this maximum, new field measurements shall be made until a satisfactory closure is obtained. When a satisfactory closure of the field measurements has been obtained, the survey of the exterior boundary shall be adjusted to form a closed geometric figure.
(2) All street, block and lot dimensions shall be computed as closed geometric figures based upon the control provided by the closed exterior boundary survey. If field checks disclose an error for any interior line of the plat greater than the ratio of one part in 5,000 or an error in measure angle greater than one minute of arc for any angle where the shorter side forming the angle is 300 feet in length, the error shall not exceed the value of one minute multiplied by the quotient of 300 divided by the length of the shorter side; however, such error shall not in any case exceed five minutes of arc.
(3) Where the plat is located within a U.S. Public Land Survey quarter-section in the corners of which have been relocated, monumented and coordinated by the town of Richmond, Walworth County or the Southeastern Wisconsin Regional Planning Commission (SEWRPC), the tie required by Wis. Stats. Section 236.20(3)(b), shall be expressed in terms of grid bearing and distance; and the material and Wisconsin state plane coordinates of the monument marking the relocated section or quarter corner to which the plat is tied shall be indicated on the plat. The grid bearing and distance of the tie shall be determined by a closed survey meeting the error of closure herein specified for the survey of the exterior boundaries of the subdivision.
(4) The town board shall receive the results of the town engineer’s examination prior to approving the final plat.
(e) Surveying and Monumenting. All final plats shall meet all the surveying and monumenting requirements of Wis. Stats. Section 236.15.
(f) State Plane Coordinate System. Where the plat is located within a U.S. Public Land Survey quarter-section the corners of which have been relocated, monumented and coordinated by the town of Richmond, Walworth County or SEWRPC, the plat shall be tied directly to one of the section or quarter corners so relocated, monumented and coordinated. The exact grid bearing and distance of such tie shall be determined by field measurements, and the material and Wisconsin state plane coordinates of the monument marking the relocated section or quarter corner to which the plat is tied shall be indicated on the plat. All distances and bearings shall be referenced to the Wisconsin Coordinate System, South Zone, and adjusted to the town’s control survey.
(g) Certificates. All final plats shall provide all the certificates required by Wis. Stats. Section 236.21, and the surveyor shall certify that he has fully complied with all the provisions of this chapter.
(h) Recordation. After the final plat has been approved by the town board and improvements required by the town either installed or a contract and surety bond 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 applicant for recording with the Walworth County register of deeds. The register of deeds shall not record the plat unless it is offered within 12 months from the date of the last approval and within 36 months of the date of first approval and all additional requirements of Wis. Stats. Section 236.25(2) have been met.
(i) Review. The applicant shall prepare a final plat and a letter of application and shall file an adequate number of copies of the plat and the application with the town clerk. In addition:
(1) Within two days after the final plat is submitted for approval, legible copies, together with a list of the authorities to which the plat must be submitted for approval under Wis. Stats. Section 236.10 or objection under this subsection, shall be furnished by the applicant at the applicant’s expense to the town clerk. Copies shall be sent by the town clerk to the following agencies which have authority to object to the plat:
(i) Two copies each – the Director of Plat Review, Wisconsin Department of Administration and, if applicable, the clerk of a city or village having extraterritorial jurisdiction who shall examine the plat for compliance with Wis. Stats. Sections 236.15, 236.20 and 236.21(1) and (2).
(ii) Two copies – Wisconsin Department of Transportation if the subdivision abuts or adjoins a state trunk highway or connecting street.
(iii) Two copies – Wisconsin Department of Commerce if the subdivision is not served by a public sewer and provision for such service has not been made.
(iv) Two copies – Wisconsin Department of Natural Resources if shoreland areas are contained within the proposed subdivision.
(v) Four copies – Walworth County planning, zoning and sanitation committee.
(vi) One copy – each of the affected public or private utilities.
(vii) Ten copies and an original – the town board.
(2) In lieu of the procedure under subsection (i)(1) of this section, the applicant may submit the original plat to the town clerk which shall forward the stated number of copies to each of the agencies authorized by subsection (i) of this section to object. The town clerk shall have the required number of copies made at the applicant’s expense.
(3) The town plan commission shall examine the final plat as to its substantial conformance with the approved preliminary plat; any conditions of approval of the preliminary plat; the municipal code, 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 record at the proceeding in which the final plat is being considered.
(4) Partial Platting. If permitted by the town board, the approved preliminary plat may be final platted in phases with each phase encompassing only that portion of the approved preliminary plat which the applicant proposes to record at one time; however, each such phase shall be final platted and designated as a “phase” or “addition” to the approved preliminary plat.
(j) Final Plat Approval. Objecting agencies shall, within 20 days of the date of receiving their copies of the final plat, notify the applicant 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 any objecting agency fails to act within 20 days, it shall be deemed to have no objection to the plat.
(1) If the final plat is not submitted within 36 months after the last required approval of the preliminary plat, the town board may refuse to approve the final plat or may extend the time for submission of the final plat.
(2) The town plan commission shall, within 30 days of the date of filing of the final plat with the town clerk, recommend approval, conditional approval or rejection of the plat and shall transmit the final plat and application along with its recommendation to the town board. In examining the final plat, the town plan commission shall apply only those requirements which were in effect on the date the preliminary plat was filed or, if no preliminary plat was filed, those requirements in effect on the filing date of the final plat.
(3) The town board shall, within 60 days of the date of filing the original final plat with the town clerk, approve or reject such plat unless the time is extended by agreement with the applicant. If the plat is rejected, the reasons shall be stated in the minutes of the meeting and a written statement of the reasons supplied to the applicant. The town board may not inscribe its approval of 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, the date thereof, and that no objections have been filed within 20 days, or if filed, have been met.
(4) Failure of the town board to take action on the plat within 60 days, the time having not been extended and no unsatisfied objections having been filed, the plat shall be deemed approved and, upon demand, a certificate to that effect shall be made on the face of the plat by the town clerk. [Ord. dated 11/19/2013 § 1. Code 2002 § 59-13.]
17.05.140 Certified survey map.
(a) General. A certified survey map prepared by a registered land surveyor shall be required for all minor land divisions. It shall comply in all respects with the requirements of Wis. Stats. Section 236.34. The minor subdivision shall comply with the design standards and improvement requirements set forth in this chapter.
(b) Required Information. The map shall show correctly on its face, in addition to the information required by Wis. Stats. Section 236.34, the following:
(1) All existing structures, watercourses, drainage ditches and other features pertinent to proper land division.
(2) Setbacks or building lines.
(3) Utility and/or drainage easements.
(4) Street addresses on each lot as determined by the town clerk.
(5) All lands reserved for future acquisition.
(6) Date of the map.
(7) Floodplain limits and the contour line lying a vertical distance of two feet above the elevation of the 100-year recurrence interval flood, or where such data is not available, five feet above the elevation of the maximum flood of record.
(8) Graphic scale and north arrow.
(9) Name and address of the owner, applicant and surveyor.
(c) Additional Information. The town board may require that the following additional information be provided when necessary for the proper review and consideration of the map:
(1) Existing contours at vertical intervals of not more than two feet where the slope of the ground surface is less 10 percent and of not more than five feet where the slope of the ground surface is 10 percent or more. Elevations shall be marked on such contours based on National Geodetic Vertical Datum (NGVD) of 1929 (mean sea level). The requirement to provide topographic data may be waived if the parcel(s) created are fully developed.
(2) Soil type, slope and boundaries as shown on the detailed operational soil survey maps prepared by the Wisconsin Department of Natural Resources (DNR).
(3) Location of soil boring tests, where required by the Wisconsin Administrative Code, made to a depth specified by the town engineer. The number of such tests shall be adequate to portray the character of the soil and depths of bedrock and groundwater from the natural undisturbed surface. To accomplish this purpose, a minimum of one test for three acres shall be made initially. The results of such tests shall be submitted along with the certified survey map.
(4) Location of soil percolation tests, where required by the Wisconsin Administrative Code, taken at the location and depth in which soil absorption waste disposal systems are to be installed. The number of such tests initially made shall not be less than one test per three acres or one test per lot, whichever is greater. The results of such tests shall be submitted along with the certified survey map.
(5) The town board may require that the entire area contiguous to the land outlined in the proposed certified survey map owned or controlled by the applicant be included on the certified survey map even though only a portion of said area is proposed for immediate development.
(d) State Plane Coordinate System. Where the map is located within a U.S. Public Land Survey quarter-section the corners of which have been relocated, monumented and coordinated by the town of Richmond, Walworth County or the Southeastern Wisconsin Regional Planning Commission (SEWRPC), the map shall be tied directly to one of the section or quarter corners so relocated, monumented and coordinated. The exact grid bearings and the distance of such tie shall be determined by field measurements, and the material and Wisconsin state plane coordinate of the monument marking the relocated section or quarter corner to which the map is tied shall be indicated on the map. All distances and bearing shall be referenced to the Wisconsin Coordinate System, South Zone, and adjusted to the town’s control survey.
(e) Certificates. The surveyor shall certify on the face of the map that he has fully complied with all provisions of this chapter. The town board, after a recommendation by the reviewing agencies, shall certify its approval on the face of the map.
(f) Recordation. The applicant shall record the map with the Walworth County register of deeds. The register of deeds shall not record the map unless it shows on its face all of the required certificates and affidavits and it is offered for record within six months after the date of the last approval of the map and within 24 months after the first approval of the map.
(g) Review and Approval. The applicant shall prepare the certified survey map in accordance with this chapter and shall file 10 copies of the map and the letter of application with the town clerk.
(1) The town clerk shall, within two days after filing, transmit the copies of the map and letter of application to the town plan commission.
(2) The town clerk shall transmit a copy of the map to the town engineer and all affected town boards, commissions or departments 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 10 days from the date the map is filed.
(3) The map shall be reviewed by the town plan commission for conformance with the municipal code and all ordinances, rules, regulations, comprehensive plans, and comprehensive plan components, and neighborhood plans as may be applicable. The town plan commission shall, within 60 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.
(4) The town board shall approve, approve conditionally and thereby require resubmission of a corrected certified survey map, or reject such certified survey map within 90 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 town board shall cause the town clerk to so certify on the face of the original map and return the map to the applicant. [Ord. dated 11/19/2013 § 1. Code 2002 § 59-14.]
17.05.150 Condominium plat and plan.
(a) General.
(1) A condominium plat prepared by a registered land surveyor is required for all condominiums. It shall comply in all respects with the requirements of Wis. Stats. Ch. 703. A condominium development plan shall also be required for all condominiums and shall comply with the design standards set forth in the town development standards.
(2) A preliminary condominium plat shall be submitted to the plan commission for all tracts of land proposed to be developed as a condominium, and shall show all the data required for preliminary plats.
(3) Preliminary and final condominium plats shall be submitted, reviewed, and approved or disapproved in the same fashion as preliminary and final plats for land divisions, as set forth above.
(b) Additional Information. The preliminary and final condominium development plan shall show correctly on its face, in addition to the information required by Wis. Stats. Section 703.11, the following:
(1) Date of plan.
(2) Graphic scale.
(3) Name and address of the condominium owner, condominium developer, and land surveyor.
(4) All existing buildings, proposed structures, streets, watercourses, drainage ditches, and other features pertinent to the development.
(5) Names of adjoining streets, highways, parks, cemeteries, subdivisions, ponds, streams, lakes flowages, and wetlands.
(6) Additional building setback lines required by the town board which are more restrictive than the regulations of the zoning district in which the condominium is located or which are proposed by applicant and are to be included in recorded protective covenants.
(7) Additional yards required by the town board which are more restrictive than the regulations of the zoning district in which the condominium is located.
(8) All lands reserved for future public acquisition.
(9) Existing contours in the area of the land to be developed.
(10) Floodplain and shoreland boundaries and the contour line lying at a vertical distance of two feet above the elevation of the 100-year recurrence interval flood.
(11) General location sketch showing the location of the proposed land division.
(12) Any additional information the town board finds that it requires relative to a particular problem presented by a proposed condominium development.
(c) POWTS. All private on-site wastewater treatment systems shall be designed and permitted in accordance with the Wisconsin Administrative Code and as required by the county.
(d) Density. Adequate open space shall be provided so that the average intensity and density of land use shall be no greater than that permitted for the zoning district in which it is located.
(e) Review and Approval.
(1) An applicant for a condominium shall prepare and submit a conceptual condominium plan, a preliminary condominium plan, and a final condominium plan for review by the plan commission and the town board.
(2) The plan commission and the town board shall review the proposed plan, the subject property, existing and proposed structures, architectural plans, neighboring land and water uses, parking areas, driveway locations, highway access, traffic generation and circulation, drainage, and the effects of the proposed use, structure, operation, and improvement upon the area and upon flood damage protection, water quality, shoreland cover, natural beauty, and wildlife habitat.
(3) The plan commission and the town board may approve the proposed plan; provided, that the proposed uses and structures are in accordance with the purpose and intent of this chapter and are found to be not hazardous, harmful, offensive, or otherwise adverse to the environmental quality, water quality, shoreland cover, or property values in the town. [Ord. dated 11/19/2013 § 1. Code 2002 § 59-15.]
17.05.160 Definitions.
(a) General Definitions. For the purpose of this chapter, the following definitions shall be used. Words used in the present tense include the future, the singular number includes the plural number, and the plural number includes the singular number. The word “shall” is mandatory and not directory.
(b) Specific Words and Phrases.
“Applicant” means any person, firm or corporation, or any agent thereof, dividing or proposing to divide land resulting in a subdivision, minor subdivision, minor land division or replat. “Applicant” shall include at least one owner of the subject property. Multiple applicants shall be jointly and severally liable for all requirements imposed under this chapter.
“Arterial street” means a street used, or intended to be used, primarily for fast or heavy through traffic. Arterial street shall include freeways and expressways as well as standard arterial streets, highways and parkways.
“Collector street” means a street used, or intended to be used, to carry traffic from minor streets to the major system of arterial streets including the principal entrance streets to residential developments.
“Comprehensive plan” means the extensively developed plan, also called a master plan, including detailed neighborhood plans, proposal for future land use, transportation, urban development and public facilities. Devices for the implementation of these plans, such as zoning, official map, land division and building line ordinances and capital improvement programs shall also be considered a part of the comprehensive plan.
“Minor land division” or “minor subdivision” means any division of land not defined as a “subdivision.” Minor land divisions include the division of land by the owner or applicant resulting in the creation of two, but not more than four, parcels or building sites, any one of which is less than 35 acres in size; or the division of a block, lot or outlot with a recorded subdivision plat into not more than four parcels or building sites without changing the exterior boundaries of said block, lot or outlot. Such minor land divisions shall be made by a certified survey map and shall comply with Wis. Stats. Ch. 236 and this chapter.
“Public way” means any public road, street, highway, walkway, drainage way or part thereof.
“Replat” means the process of changing, or the map or plat which changes, the boundaries of a recorded subdivision plat or part thereof. The legal dividing of a large block, lot or outlot within a recorded subdivision plat without changing exterior boundaries of said block, lot or outlot is not a replat.
“Subdivision” means the division of a lot, parcel or tract of land by the owners thereof, or their agents, for the purpose of transfer of ownership or building development where the act of division creates five or more parcels or building sites of five acres each or less in area; or where the act of division creates five or more parcels or building sites of five acres each or less in area by successive division within a period of five years.
“Surety bond” means a bond guaranteeing performance of a contract or obligation through forfeiture of the bond if said contract or obligation is unfulfilled by the applicant. [Ord. dated 11/19/2013 § 1. Code 2002 § 59-16.]
17.05.170 Severability.
If any section, provision or portion of this chapter is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this chapter shall not be affected thereby. [Ord. dated 11/19/2013 § 1. Code 2002 § 59-17.]