(a) Designation of Approving Authorities. The Village Board is the designated approving authority for Final Plats.
(b) Designation of Objecting Agencies. The Wisconsin Department of Administration, Wisconsin Department of Safety and Professional Services, Wisconsin Department of Transportation (if the subdivision, certified survey map or condominium abuts or adjoins a state trunk highway or connecting highway) and Wisconsin Department of Natural Resources (if applicable) shall be hereinafter referred to as objecting agencies.
(c) General Requirements.
(1) Submittal Generally.
The Subdivider/Developer shall prepare a Final Plat and a letter of application in accordance with this Chapter and shall file the Plat and the application with the Village Administrator at least fifteen (15) days prior to the meeting of the Plan Commission at which action is desired. The Subdivider/Developer shall file twenty-five (25) copies of the Final Plat not later than thirty-six (36) months after the date of approval of the Preliminary Plat; otherwise, the Preliminary Plat and Final Plat will be considered void unless an extension is requested in writing by the Subdivider/Developer and for good cause granted by the Village of Edgar. The Subdivider/Developer shall also submit at this time a current certified abstract of title or registered property report and such other evidence as the Village Attorney may require showing title or control in the applicant. A written transmittal letter shall identify all substantial changes that have been made to the plat since the Preliminary Plat. When the Subdivider/Developer requests that the Village to act as the transmitting authority in accordance with Sec. 236.12, Wis. Stats., the application shall state that transmittal responsibilities lie with the Village and shall contain a list of the other authorities to which the plat must be subjected and shall be accompanied by such additional fees and copies of the plat as are necessary to be transmitted to such authorities. [Note: The Village of Edgar prefers that the Subdivider/Developer be the party responsible for transmitting the plat to outside agencies.]
(2) When Village Acts as Transmitting Authority.
If the Village is acting as the transmitting authority, the Village Administrator shall, within two (2) days after filing, transmit copies to the Director of the Planning Function in the Wisconsin Department of Administration, additional copies to the Director of the Planning Function for retransmission of copies to the Wisconsin Department of Transportation if the subdivision abuts or adjoins a state trunk highway or a connecting street, copies to all affected Village boards, commissions and committees, and the original Final Plat and adequate copies to the Plan Commission. The Wisconsin Department of Administration and the Wisconsin Department of Transportation shall be hereinafter referred to as objecting agencies.
(3) Final Plat Conformity With Preliminary Plat.
The Final Plat shall conform to the Preliminary Plat as approved and to the requirements of all applicable ordinances and state laws and shall be submitted for certification of those agencies having the authority to object to the plat as provided by Sec. 236.12(2), Wis. Stats..
(d) Final Plat and Application Submittal. The Subdivider or Condominium Developer (as applicable) shall prepare a Final Plat and an application in accordance with Section 14-1-42 and shall file the required number of Final Plat copies and the application as set forth below:
(1) Submittal of Final Plat to the Wisconsin Department of Administration; Objecting Agencies.
Before any approvals of the Final Plat are made, the Subdivider or Condominium Developer (as applicable) or agent shall submit the original Final Plat to the Director of Plat Review, Wisconsin Department of Administration, which agency shall forward, at the Subdivider's or Condominium Developer's expense, the following:
a. Two (2) copies of the Final Plat to the Wisconsin Department of Transportation (WisDOT) if the subdivision abuts or adjoins a state trunk highway or a connecting highway;
b. Two (2) copies to the Wisconsin Department of Safety and Professional Services if the subdivision is not served by a public sewer and provision for such service has not been made; and
c. Two (2) copies to the Wisconsin Department of Natural Resources (WDNR), if lands included in the Final Plat lie within five hundred (500) feet of the ordinary high water mark or any navigable stream, lake, or other navigable body of water, or if any shorelands or floodlands are contained within the proposed subdivision.
(2) Submittal of Final Plat to the Village Administrator.
a. After approval by the Wisconsin Department of Administration and other state objecting agencies, the Subdivider or Condominium Developer (as applicable) shall file a minimum of thirty (30) copies of the Final Plat and application with the Village Administrator with required fees and the receipt for the proper filing fees of each of the other approving authorities and objecting agencies at least fifteen (15) days prior to the meeting of the Plan Commission at which consideration is desired.
b. Simultaneously with the filing of the Final Plat, the owner shall file with the Village Administrator six (6) copies of the final plans and specifications of public improvements required by this Chapter.
c. If the Final Plat is not submitted within thirty-six (36) months of the required approval of the Preliminary Plat, the approving authorities may refuse to approve the Final Plat. Extensions may be granted upon mutual written agreement of all approving authorities and the applicant.
(3) Transmittal of Final Plat.
The Village Administrator or designee shall, within two (2) business days after the filing by the Subdivider or Condominium Developer, transmit with a cover letter and copies of the Final Plat and application:
a. Seven (7) copies to the Plan Commission;
b. Seven (7) copies to the Village Board;
c. One (1) copy to the Village Planner (if involved);
d. One (1) copy each to the Village Engineer and Village Attorney;
e. One (1) copy each to the Village Administrator, law enforcement authorities, EMS Chief and Fire Chief;
f. One (1) copy to each school board with jurisdiction;
g. Copies as needed to affected Village departments and commissions; and
h. Additional copies that may be requested by approving authorities and objecting agencies.
(e) Response From Objecting Agencies. The objecting agencies shall, within twenty (20) days of the date of receiving their copies of the Final Plat, notify the Subdivider or Condominium Developer (as applicable) and all other approving authorities and objecting agencies of any objections, as follows:
(1) Certification of No Objections. If there are no objections, the objecting agencies shall so certify on the face of the copy of the Final Plat and shall return that copy to the Plan Commission.
(2) Failure to File Objections. If an objecting agency fails to act within twenty (20) days, it shall be deemed to have no objections to the plat.
(f) Required Professional Examination. As required by state law, the Final Plat shall be examined by the Village Engineer, Village Planner, Village Attorney or other qualified staff to determine whether the Final Plat conforms substantially to the Preliminary Plat. Any such conclusions shall be made a part of the record of any meeting at which the Final Plat is considered, pursuant to Section 236.1l(l)(e), Wis. Stats.
(g) Plan Commission Consideration and Recommendation.
(1) Plan Commission Review.
The Plan Commission shall examine the Final Plat as to its conformance with the approved Preliminary Plat, any conditions of approval of the Preliminary Plat, this Chapter, and all ordinances, rules, regulations, adopted regional and county development plans, and Village Comprehensive Plans and adopted plan components which may affect it. All reviews and reports concerning the Final Plat prepared by the Village Administrator, Village Planner, Village Attorney, Village Engineer, law enforcement authorities, EMS Chief and Fire Chief shall be submitted to the Plan Commission for its consideration.
(2) Plan Commission Recommendation.
The Plan Commission shall, within forty (40) days of the date of filing of the Final Plat with the Village Administrator or designee recommend approval, conditional approval, or rejection of the Final Plat and shall transmit the Final Plat and application along with its recommendations to the Village Board. The Plan Commission may hold the matter in abeyance if there is incomplete or inadequate information, provided the timetables in Subsection (h) below are complied with.
(h) Village Board Approval or Rejection of Final Plat.
(1) Village Board Action; Timeline.
a. The Village Board shall, within sixty (60) days of the date of filing the original Final Plat with the Village Administrator.
1. Approve the Final Plat.
2. Approve the Final Plat with conditions.
3. Reject the Final Plat with reasons.
4. Obtain a written agreement from the Subdivider or Condominium Developer extending the time in which the Village Board must act on the Final Plat (this method is recommended in those cases in which objections are made to the layout, design or similar aspects of said Final Plat and there is insufficient time for said corrections to be made and resubmitted to by the Subdivider or Condominium Developer to the Village Board for action.
b. Failure of the Village Board to act within sixty (60) days, the time having not been extended and no unsatisfied objections having been filed, the Final Plat shall be deemed approved.
(2) Reasons For Rejection To Be Stated.
If the Final 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 or Condominium Developer (as applicable).
(3) Wisconsin Department of Administration Certification.
The Village Board or designee may not inscribe its approval on the Final Plat unless the Wisconsin Department of Administration has certified on the face of the Final Plat that the copies were forwarded to the objecting agencies as required herein, the date thereof, and that no objections have been filed within twenty (20) days, or, if filed, have been met.
(i) Recordation.
(1) Village Certification.
a. After the Final Plat has been approved by the Village Board and improvements as shall be required by the Village have either been installed or a Subdivider's Agreement with sufficient sureties assuring their installation is executed and filed with the Village Administrator, the Village Administrator shall cause the certificate inscribed upon the Final Plat attesting to such approval to be duly executed and the Final Plat returned to the Subdivider or Condominium Developer (as applicable) for recording with the County Register of Deeds.
b. When the Plan Commission and Village Board have conditionally approved a Final Plat, the Subdivider or Condominium Developer (as applicable) shall satisfy all of the conditions specified for the execution of the Plat, including final approval by the county planning agency, within sixty (60) days of such conditional approval.
(2) Recording Time Requirement.
Pursuant to Sec. 236.25(2)(b), Wis. Stats., the County Register of Deeds cannot record the Final Plat unless it is offered within twelve (12) months from the date of last approval of the Final Plat or thirty-six (36) months from the last required approval of the Preliminary Plat.
(j) Copies of the Recorded Final Plat. The Subdivider or Condominium Developer (as applicable) shall file at least ten (10) copies of the recorded Final Plat with the Village Administrator and copies, as necessary, to other affected agencies for their files.
(k) Partial Platting.
(1) Plat and Condominium Phasing.
The Final Plat may, if permitted by the Village Board, upon the recommendation of the Plan Commission, be platted as a Final Plat in phases with each phase constituting only that portion of the approved Preliminary Plat which the Subdivider or Condominium Developer (as applicable) proposes to record at that time. It is required that each such phase be platted as a Final Plat and be designated as a "phase" of the approved Preliminary Plat.
(2) Time Extension for Approval of a Final Plat for Portion of Preliminary Plat.
Final Plats for only a portion of the Preliminary Plat shall extend approval for the remaining portion of the Preliminary Plat for not less than six (6) months but may be allowed to be extended for up to thirty-six (36) months from the date of such Final Plat approval as may be allowed by the Village Board.
(3) Expansion of a Condominium.
Any expansion of a condominium permitted under Section 703.26, Wis. Stats., shall be treated as a separate phase of the condominium.
(I) Deed Restrictions and Conservation Easements.
For properties proposed to be divided by Subdivision Plat and which contain natural resources required to be preserved under this Chapter, and/or by the Subdivider/Developer, deed restrictions and/or conservation easements shall be filed with the Final Plat.