A. The subdivider shall prepare a Final Plat, letter of application and shall file an electronic copy of the Plat and a hard copy of the Plat capable of reproduction and hard and electronic copies of the application with the Village Clerk, along with all applicable fees in accordance with this chapter and Wis. Stat. ch. 236, at least 45 days prior to the meeting of the Village Board at which action is desired. The Village Clerk may require additional copies. The subdivider shall also file the Plat with the Department of Administration as set forth in Wis. Stat. s. 236.12.
B. The Village Clerk shall forward the Final Plat (which may be an electronic copy or reduced copy), and letter of application within two normal working days to each of the following:
1. Village Trustees;
2. Village Plan Commission Members;
3. Zoning Administrator and Village Engineer;
4. Contracted Fire Company;
5. School Board with jurisdiction (for review and comment).
C. The Village Plan Commission and Village Engineer shall examine the Final Plat as to its conformance with the approved Preliminary Plat, any condition of approval of the Preliminary Plat, this chapter and all ordinances, rules, regulations, comprehensive plan components and conservation subdivision procedures which may affect it. The Village Plan Commission shall recommend approval or rejection of the Plat to the Village Board.
1. Pursuant to Wis. Stat. s. 236.11(1)(c), the Village Engineer shall provide the Village with his or her conclusions as to whether the final plat conforms substantially to the preliminary plat and with his or her recommendation on approval of the final plat. The conclusions and recommendation shall be made a part of the record of the proceeding at which the final plat is being considered and are not required to be submitted in writing.
2. Basis for Approval. Pursuant to Wis. Stat. s. 236.13:
a. The basis for approval of a preliminary or final plat shall be conditioned on compliance with the following:
(1) The provisions of Wis. Stat. ch. 236;
(2) Any Village or applicable county ordinance that is in effect when the subdivider submits a preliminary plat, or a final plat if no preliminary plat is submitted;
(3) The rules of the Department of Safety and Professional Services relating to lot size and lot elevation necessary for proper sanitary conditions in a subdivision not served by a public sewer, where provision for public sewer service has not been made;
(4) The rules of the department of transportation relating to provision for the safety of entrance upon and departure from the abutting state trunk highways or connecting highways and for the preservation of the public interest and investment in such highways.
b. As a further condition of approval, the Village shall require that the subdivider make and install any public improvements reasonably necessary as required by Section 30-12. The subdivider may construct the project in such phases as the Village Board approves, which approval may not be unreasonably withheld. If the subdivider's project will be constructed in phases, the amount of any financial guarantee required by the Village Board shall be limited to the phase of the project that is currently being constructed, and a separate contract is required for each phase. The Village Board may not require that the subdivider provide any security for improvements sooner than is reasonably necessary before the commencement of the installation of the improvements.
c. The Village shall require as a condition for accepting the dedication of public streets, alleys or other ways, or for permitting private streets, alleys or other public ways to be placed on the official map, that the following facilities shall have been previously provided without cost to the Village, but which are constructed according to Village specifications and under Village inspection: sewerage (where required under Chapter 10), storm water management and/or treatment facilities, grading and improvement of streets, alleys, sidewalks and other public ways, street lighting, and other facilities as may designated by the Village Board, or that a specified portion of such costs shall be paid in advance as provided in Wis. Stat. s. 66.0709.
d. The Village shall require as a condition of approval that the subdivider be responsible for the cost of any necessary alterations of any existing utilities which, by virtue of the platting or certified survey map, fall within the public right-of-way.
e. As a further condition of approval, the Village may require the dedication of easements by the subdivider for the purpose of assuring the unobstructed flow of solar or wind energy across adjacent lots in the subdivision.
f. Additional bases of approval shall be as further set forth in Wis. Stat. s. 236.13.
D. The Village Plan Commission shall, within 30 days of the date of filing of the Final Plat with the Village Clerk, recommend approval or rejection of the Plat and shall transmit the Final Plat and application along with its recommendation with the Village Board.
E. The Village Board shall, within 60 days of the date of filing the Final Plat and application with the Village Clerk, approve or reject such Plat unless the time is extended by agreement with the subdivider. If the Plat is rejected, the reason shall be stated in the minutes of the meeting and a written statement of the reasons forwarded to the subdivider.
F. 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. Upon demand, the Clerk shall affix a certificate on the face of the plat to that effect.
G. When the Village determines to approve the plat, the Clerk shall give at least 10 days’ prior written notice to the clerk of any municipality whose boundaries are within 1,000 feet of any portion of the proposed plat, but failure to give such notice shall not invalidate the plat.
H. The subdivider shall prepare the final plat for approval and attached any required certifications as set forth in Wis. Stat. s. 236.11. After the Final Plat has been approved by the Village Board and required improvements either installed or a contract insuring their installation filed, the appropriate surety approved, and the certificate of the Department of Administration affixed, the Village Clerk shall cause the certificate inscribed upon the Plat attesting to such approval to be duly executed and the Plat returned to the subdivider for recording with the County Register of Deeds. The Register of Deeds shall not record the Plat unless it is offered within 12 months of the last approval by the Village Board and 36 months of its first approval.
I The subdivider shall file ten copies of the approved Final Plat as recorded with the Village Clerk for distribution to the Village Engineer, Building Inspector, Assessor and other affected departments for their files.
J. If permitted by the Village 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 subdivider proposes to record at one time; however, it is required that each such phase be final platted and be designated “a phase” or addition to the approved Preliminary Plat.
(Ord. 2018-6, passed 10-8-2018)
Notes
| 3 | 3 Amended 12-8-2014, Ordinance #2014-6 |