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It shall be unlawful to build upon, divide, convey, record, or place monuments on any land in violation of this chapter or state statutes; and no person shall be issued a building permit by the village authorizing the building on, or improvement of, any 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 village may institute appropriate action or proceedings to enjoin violations of this chapter or the applicable state statutes.
(Prior Code, § 18.12) Penalty, see § 153.999
LAND DIVISION PROCEDURE
Prior to the filing of an application for the approval of a preliminary plat or certified survey map, it is recommended that the subdivider consult with the Plan Commission or the Zoning Administrator in order to obtain their advice and assistance. This consultation is intended to inform the subdivider of the purpose and objectives of these regulations, other provisions of this code, sewer availability, other engineering considerations, duly adopted village plans, and to otherwise assist the subdivider in planning his or her development. In so doing, both the subdivider and the Plan Commission may reach mutual conclusions regarding the general objectives of the proposed development and its possible effects on the neighborhood and the community. The subdivider will also gain a better understanding of the subsequent required procedures.
(Prior Code, § 18.04)
(A) Submission of plats. Before submitting a final plat for approval, the subdivider shall prepare a preliminary plat. The preliminary plat shall be prepared in accordance with this chapter and the subdivider shall comply with the procedures of Wis. Stats. §§ 236.11 and 236.12, and shall file 20 copies of the plat, the application and required fee as provided in § 36.04 with the Village Administrator/Clerk. The Village Administrator/Clerk shall transmit copies, as appropriate, to the agencies specified in Wis. Stats. § 236.12, the Village Board members, and the Plan Commission.
(B) Review of plats. The Plan Commission shall transmit a copy of the preliminary plat to all affected boards, commissions, or departments and, unless the subdivider has elected to submit directly to the state as provided in Wis. Stats. § 236.12, to all affected local utility companies for their review and recommendations concerning matters within their jurisdiction. Their recommendations shall be transmitted to the Village Board within 20 days from the date the plat is filed. The preliminary plat shall then be reviewed by the Plan Commission for conformance with this chapter and all ordinances, rules, regulations, Comprehensive Plan, and plan components which affect it, and the Plan Commission shall submit its recommendations to the Board within 60 days.
(Prior Code, § 18.04) (Ord. 03-2019, passed 2-14-2019)
(A) The objecting agencies shall, within 20 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 Village Administrator/Clerk.
(B) 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 Village Board shall, within 90 days of the date of the filing of a preliminary plat with the Village Administrator/Clerk, approve, approve conditionally, or reject such plat unless an extension of the review period is mutually agreed upon in writing. 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 of transmittal and a copy of the Village Board minutes 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 Administrator/Clerk’s permanent file;
(2) Failure of the Village Board to act within 90 days shall constitute an approval of the plat as filed unless the review period is extended by mutual agreement; and
(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. § 236.11(1)(b), the final plat shall be entitled to approval.
(Prior Code, § 18.04)
(A) The subdivider shall submit a final plat and a letter of application in accordance with this chapter and Wis. Stats. §§ 236.11 and 236.12, and shall file an adequate number of copies of the plat and the application with the Village Administrator/Clerk.
(B) In addition:
(1) The Administrator/Clerk shall transmit copies as appropriate to agencies specified in Wis. Stats. § 236.12, and shall transmit the original final plat and 20 copies to the Plan Commission. A copy shall also be submitted to each public utility affected;
(2) 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, general plan, and general plan components which may affect it; and shall recommend approval, conditional approval, or rejection of the plat to the Village Board; and
(3) The final plat may, if permitted by the Village Board, constitute only that portion of the approved preliminary plat which the subdivider proposed to record at that time.
(Prior Code, § 18.04)
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 Plan Commission, which shall forward the copy to the Village Board. If an objecting agency fails to act within 20 days, it shall be deemed to have no objection to the plat.
(A) Submission. If the final plat is not submitted within 24 months of the last required approval of the preliminary plat, the Village Board may reject the final plat, in writing, with reasons given.
(B) Plan Commission recommendation. The Plan Commission shall, within 30 days of the date of filing of the final plat with the Village Administrator/Clerk, recommend approval or rejection of the plat and shall transmit the final plat and application, along with its recommendations, to the Village Board.
(C) Notification. The Plan Commission shall, at the time it recommends approval or rejection of a plat to the Village Board, and at least ten days prior to any action of the Board, give notice of its recommendation to the Clerk of any municipality within 1,000 feet of the plat.
(D) Village Board approval or rejection. The Village Board shall, within 60 days of the date of filing the original final plat with the Village Administrator/Clerk, approve or reject such plat unless the time is extended by agreement with the subdivider. If the plat is rejected, the reasons shall be stated in the minutes of the meeting and a copy of the minutes, together with a letter of transmittal, shall be forwarded to the subdivider. The Board may not approve the final plat unless the Administrator/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.
(E) Timely Village Board action required. Failure of the Village 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.
(F) Consent and waiver. Prior to the acceptance of a final plat, the subdivider shall furnish, when required by the village, a consent and waiver of the statutory provisions for special assessment for the installation of sanitary sewer, storm sewer, sewer laterals, curb and gutter, sidewalk, street surfacing, underground street lighting services, and all other utilities, which shall be in a form approved by the Village Attorney pursuant to Wis. Stats. § 66.0703(7)(b), and shall be recorded in the office of the Register of Deeds in the same manner as a lis pendens. Such consent and waiver shall provide that the installation of such services shall be made at the discretion of the Village Board.
(G) Recordation. After the final plat has been approved by the Village Board and required improvements either installed or a contract and sureties insuring their installation is filed, the Administrator/Clerk shall cause the certificate inscribed upon the plat attesting to such approval to be duly executed and shall further cause the plat to be recorded within 30 days of its approval by the Village Board. The subdivider shall be responsible for the recording fee.
(H) Plat copies. The subdivider shall file 15 certified copies of the final plat with the Administrator/Clerk for distribution to appropriate local agencies and offices.
(Prior Code, § 18.04) (Ord. 14-98, passed 12-12-1998)
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