Village of Random Lake Ordinance
CHAPTER 19
SUBDIVISION AND PLATTING
(Recodified Ord. #1-04)

19.01 INTRODUCTION

(1) AUTHORITY. These regulations are adopted under the authority granted by §236.45, Wis. Stats.

(2) PURPOSE. The purpose of this chapter is to regulate and control the division of land within the corporate limits of the Village and its extraterritorial plat approval jurisdiction in order to promote the public health, safety, morals, prosperity, aesthetics and general welfare of the Village and its environs.

(3) 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 Village'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, water supply, 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 Village.
• (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 description and proper survey monumentation of subdivided land.
• (n) Provide for the administration and enforcement of this chapter.
• (o) Provide penalties for its violation.
• (p) Implement those Village, County, watershed or regional comprehensive plans or their components adopted by the Village; in general, to facilitate enforcement of Village develop­ment standards as set forth in the adopted regional, County and Village comprehensive plans, adopted plan components, the Zoning Code, the Official Map and the Building Code of the Village.

(4) 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.

(5) 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 Village and shall not be deemed a limitation or repeal of any other power granted by the Wisconsin Statutes.

(6) NONLIABILITY. The Village does not guarantee, warrant or represent that those soils listed as being unsuited for specific uses are the only unsuitable soils in the Village and its extraterritorial plat review jurisdiction. Furthermore, the Vil­lage does not guarantee, warrant or represent that only those areas designated as floodlands will be subject to periodic inunda­tion. The Village hereby asserts that there is no liability on the part of the Village, its agencies or its employes for sanita­tion problems, structural damage or flood damages that may occur as a result of reliance upon and conformance with this chapter.

19.02 GENERAL PROVISIONS

(1) JURISDICTION. Jurisdiction of these regulations shall include all lands within the corporate limits of the Village and those lands within the extraterritorial jurisdiction of the Village as established in §§61.35, 62.23(2) and 66.0105, Wis. Stats., i.e., within 1-1/2 miles of the corporate limits of the Village. The provisions of this chapter, as it applies to divisions of tracts of land into less than 2 or more parcels of 5 acres each or less, shall not apply to the following:

(a) Transfers of interests in land by will or pursuant to court order.

(b) Leases for a term not to exceed 10 years, mortgages or easements.

(c) Sale or exchange of parcels of land between owners of adjoining property if additional lots are not thereby created and the lots resulting are not reduced below the minimum sizes required by these regulations, the zoning ordinances or other applicable laws or ordinances.

(d) Cemetery plats made under §157.07, Wis. Stats.

(e) Assessors' plats made under §70.27, Wis. Stats., but such assessors' plats shall comply with §§236.15(1)(a) to (g) and 236.20(1) and (2)(a) to (e), Wis. Stats.

(2) COMPLIANCE. No person shall divide any land located within the jurisdictional limits of these regulations 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:

(a) Chapter 236, Wis. Stats.

(b) Rules of the Wisconsin Department of Commerce 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.

(c) 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 subdivider abuts on a State trunk highway or connecting street.

 (d) Rules of the Wisconsin Department of Natural Resources setting water quality standards preventing and abating pollution and regulating development within floodland, wetland and shoreland areas.

(e) Duly approved comprehensive plan or area develop­ment plans of the Village.

(f) The Zoning Code and all other applicable local and County ordinances.

(g) A developer's or subdivider's agreement between the Village and the developer or subdivider.

(3) DEDICATION AND RESERVATION OF LANDS. (a) Streets, Highways and Draina eways.Whenever a tract of land to be divided encompasses all or any part of an arterial street, public drain­ageway or other public way which has been designated in the General Plan, area development plan or on the Official Map of the Village, said public way shall be made a part of the plat and dedicated or reserved by the subdivider in the locations and dimensions indicated on said plan or component and as set forth in sec. 19.08 of this chapter. Streets within the extraterritori­al plat review jurisdiction of the Village shall be dedicated by the subdivider to the appropriate town. Should the town require less dedication than is specified by sec. 19.08 of this chapter or by the Official Map, the excess right of way shall be reserved for future acquisition by the Village.

(b) Other Public Sites.Whenever a proposed park or other public land other than streets or drainageways designated in the comprehensive plan, the Official Map or adopted plan components of the Village is embraced, all or in part, in a tract of land to be subdivided, these proposed public lands shall be made a part of the plat and shall be reserved by the subdivider for a period not to exceed 2 years unless released by the Village or extended by mutual agreement for acquisition by the Village at undeveloped land costs. In the event the subdivider and the Vil­lage cannot agree on the sale price, the Village shall commence condemnation or release the land.

(4) IMPROVEMENTS. Before final approval of any plat, the subdivider shall enter into an agreement with the Village to install the required improvements and shall file with the subdi­vider's agreement an irrevocable letter of credit or other appro­priate sureties meeting the approval of the Village Attorney equal to the estimated cost of the improvements. Improvement cost esti­mates shall be made by the developer, reviewed by the Director of Public Works and approved by the Village Board. The improvements may be installed after approval of a preliminary plat or certified survey map by the subdivider or his subcontractors, but not later than provided in the subdivider's agreement. The subdivider's agreement shall specify a completion date for all improvements. In addition:

(a) Plans and specifications for all improvements shall be reviewed and approved by the Director of Public Works, in writ­ing, prior to commencement of construction. The subdivider may submit an interim final plat with the improvement plans; however, review and approval of a final plat shall not be initiated until the improvement plans have been reviewed and approved and until the subdivider's agreement has been fully executed.

(b) 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 the prior written approval of the Director of Public Works in accordance with Village standards and specifications.

(c) 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.

(d) Before final approval of any plat within the Vil­lage or its extraterritorial jurisdictional limits, the subdivider shall install survey monuments placed in accordance with the requirements of §236.15, Wis. Stats., and as may be required by the Director of Public Works.

(e) 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 assessments for the installation of sanitary sewer, storm sewer, sewer laterals, water main, water laterals, curb and gutter, sidewalks, street surfac­ing, underground street lighting services and all other utilities, which shall be in a form approved by the Village Attorney, pursu­ant to §66.0703(7)(b), Wis. Stats., 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.

(5) VARIANCES. (a) General.Where, in the judgment of the Village Board, it would be inappropriate to apply literally the provisions of sub. (6) below and secs. 19.08 and 19.09 of this chapter because exceptional or undue hardship would result, the Village Board may waive or modify any requirement to the extent deemed just and proper. No variance to the provisions of this chapter shall be granted unless the Village Board finds that all 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 a recurrent nature as to suggest that this chapter should be changed.

2. Preservation of Property Rights. That such variance 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 variance 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.

(b) Monuments. The Village Board may waive the placing of monuments, required under §236.15(1)(b), (c) and (d), Wis. Stats., for a reasonable time on condition that the subdivider execute a surety bond or irrevocable letter of credit to insure the placing of such monuments within the required time limits established by the Village.

(6) LAND SUITABILITY. No land shall be subdivided for resi­dential use which is determined to be unsuitable for such use by the Village Board for reason of flooding, inadequate drainage, adverse soil or rock formation, unfavorable topography or any other feature likely to be harmful to the health, safety or wel­fare of the future residents of the proposed subdivision or of the Village. The Village Board, in applying the provisions of this section, shall, in writing, recite the particular facts upon which it bases its conclusion that the land is not suitable for residen­tial use and afford the subdivider an opportunity to present evi­dence regarding such unsuitability if he so desires. Thereafter the Village Board, upon the recommendation of the Plan Commission, may affirm, modify or withdraw its determination of unsuitability.

(7) APPEALS. Any person aggrieved by an objection to a plat or a failure to approve a plat may appeal such objection or fail­ure to approve as provided in §236.13(5), Wis. Stats., within 30 days of notification of the rejection of the plat. Where failure to approve is based on an unsatisfied objection, the agency making the objection shall be made a party to the action.

19.03 DEFINITIONS

The terms used in this chapter shall be defined as follows:

(1) AREA DEVELOPMENT PLAN. A map adopted by the Village Board indicating the physical layout of future streets, alleys, cul-de-sacs, drainage ways and easements.

(2) ALLEY. A public or private way which provides secondary access to a lot, block or parcel of land.

(3) BLOCK. A parcel, lot or group of lots existing within well-defined and fixed boundaries, usually being an area surround­ed by streets or other physical barriers and having an assigned number, letter or other name through which it may be identified.

(4) BUILDING SETBACK LINE. The distance from the boundaries of a lot or center line of a street within which structures or buildings shall not be erected.

(5) CERTIFIED SURVEY MAP. A map of a subdivision of land prepared in accordance with §236.34, Wis. Stats.

• COMPREHENSIVE PLAN. The official guide for the physi­cal, social and economic growth of the Village of Random Lake or its constituent parts, properly enacted or adopted according to statute, which is now or may hereafter be in effect.
• CONDOMINIUM.  The ownership of single units in a multi-unit structure or of single units on a tract with more than one such unit where the land or other common areas and facilities are owned jointly.

(8) CONSTRUCTION YEAR. A period of time commencing on Feb­ruary 1 and ending on the next January 31.

(9) CROSSWALK. A public right of way traversing a block for the purpose of providing pedestrian access.

(10) CUL-DE-SAC. A short minor street having one end open to motor traffic and the other end terminated by a vehicular turnaround.

(11) DEADEND STREET. A street having only one outlet for vehicular traffic and no vehicular turnaround.

(12) DEVELOPMENT. The act of constructing buildings or installing site improvements.

(13) DOUBLE FRONTAGE LOT. A lot having frontage on opposite property boundaries with public streets.

(14) EASEMENT. Any strip of land reserved by the subdivider for public utilities, drainage, sanitation or other specified uses having limitations, the title to which shall remain in the proper­ty owner, subject to the right of use designated in the reserva­tion of the servitude.

(15) FINAL PLAT. The map or drawing of a subdivision prepared in compliance with the provisions of Ch. 236, Wis. Stats., and any accompanying material as described in sec. 19.06 of this chapter.

(16) FRONTAGE. The length of the front property line of the lot, lots or tract of land abutting a public street, road, highway or rural right of way.

(17) GRADIENT. The slope of a road, street or other public way specified as a percentage.

(18) IMPROVEMENTS, PUBLIC. Any sanitary sewer, storm sewer, drainage ditch, water main, roadway, parkway, sidewalk, pedestrian way, planting strip, off-street parking area or other facility for which the local municipality may ultimately assume the responsi­bility for maintenance and operation.

(19) LIMITED ACCESS EXPRESSWAY OR FREEWAY. A trafficway in respect to which owners or occupants of abutting property or lands and other persons have no legal right of access to or from the same except only at such points and in such manner as may be determined by the public authority having jurisdiction over such trafficway.

(20)LOCAL UNIT. A local unit in this chapter include the County as well as towns, villages and cities.

(21) LOT. A buildable parcel of land represented and identi­fied in a subdivision, as defined in sub. (41) below.

(22) LOT SPLIT. A division of land other than a subdivision.

(23) NEIGHBORHOOD UNIT. A residential living environment where the internal street system discourages through traffic and where major thoroughfares preferably bound the neighborhood and to provide maximum pedestrial accessibility to centrally locate com­munity buildings, schools and playgrounds. Local shops to meet daily household needs are grouped together at accessible points providing a harmony of design and development.

(24) OFFICIAL MAP. The map of the Village adopted pursuant to the Wisconsin Statutes showing streets, highways, parkways, parks and playgrounds and the exterior lines of planned new streets, highways, parkways, parks or playgrounds.

(25) OUTLOT. A parcel of land, other than a lot or block, so designated on the plat. A remnant parcel of land not to be used for building purposes.

(26) PLAT. A map of a subdivision.

(27) PRELIMINARY PLAT. A map showing the salient features of a proposed subdivision submitted to the Village Board for purposes of preliminary consideration.

(28) REPLAT. The changing of the boundaries of a recorded subdivision plat or part thereof.

(29) REVERSE FRONTAGE LOTS. Corner lots with no provision for extra width to permit side yard to be the same as the front yard on that side.

(30) RIGHT OF WAY. A strip of land occupied or intended to be occupied for a special use. Rights of way intended for streets, crosswalks, water mains, sanitary sewers, storm drains or any other use involving maintenance by a public agency shall be dedicated to public use by the maker of the plat on which such right of way is established. The usage of the term "right of way" for land platting purposes shall mean that every right of way hereafter established and shown on a final plat is to be separate and distinct from the lots or parcels adjoining such right of way and not included within the dimensions or areas of such lots or parcels.

(31) ROADWAY. The surface portion of the street available for vehicular traffic.

(32) SERVICE DRIVE. An approved public street generally par­alleling and contiguous to a main traveled way, primarily designed to promote safety by eliminating ingress and egress to the right of way and providing safe and orderly points of access at fairly uniformly spaced intervals.

(33) SEWAGE DISPOSAL SYSTEM, INDIVIDUAL. A septic tank seep­ age tile sewerage disposal system or any other sewerage treatment device approved by the Building Inspector as being in accordance with the rules of the Department of Health and Social Services and the Department of Natural Resources and servicing only one build­ing site.

(34) SEWERED AREA. An area in the Village which, in the opinion of the Village Board, may be readily and feasibly served by sewer and water extensions to existing sewer and water systems.

(35) SIDEWALK. That portion of a street or crosswalk way, paved or otherwise surfaced, intended for pedestrian use only.

(36) STREET. Includes all access ways in common use such as streets, roads, lanes, highways, avenues, boulevards, alleys, parkways, viaducts, circles, courts and cul-de-sacs and includes all of the land lying between the rights of way lines as delineat­ed on a plat showing such streets whether improved or unimproved, and whether dedicated for public use or held in trust under the terms of a reservation, but shall not include those access ways such as easements and rights of way intended solely for limited utility purposes such as for electric power lines, gas lines, telephone lines, water lines or drainage and sanitary sewers.

(37) STREET, ARTERIAL. A major, high capacity street designed to carry large volumes of traffic between various areas of the Village.

(38) STREET, COLLECTOR. A street which carries traffic from minor streets to the system of major streets and highways includ­ing the principal entrance streets of a residential development and the principal circulating streets within such a development.

(39) STREET, HALF. A street bordering one or more property lines of a tract of land in which the subdivider has allocated a part of the ultimate right of way width.

(40) STREET, MINOR OR LOCAL. A street of limited continuity used primarily for access to abutting properties and local needs of a neighborhood.

(41) SUBDIVIDER. A person commencing proceedings under the regulations of this chapter to effect a subdivision of land here­under for himself or others.

(42) SUBDIVISION. Any division of a lot, parcel or tract of land by the owner thereof or his agent for the purpose of sale or building development where:

(a) The act of division creates 2 or more parcels or building sites of 5 acres each or less- in area; or

(b) Two or more parcels or building sites of 5 acres each or less in area are created by successive divisions within a period of 5 years.

(43) SUBDIVISION DESIGN STANDARDS. The basic land planning standards established as guides for the preparation of plats.

(44) SURVEYOR. A land surveyor duly registered in the State.

(45) THOROUGHFARE. A street with a high degree of continu­ity, including collector streets, major arterial streets and lim­ited access highways.

19.04 LAND DIVISION PROCEDURE

(1) PREAPPLICATION. 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 Director of Public Works 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 and water availability, other engineering considerations, duly adopted Village plans, and to otherwise assist the subdivider in planning his 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.

(2) PRELIMINARY PLAT REVIEW. (a) Submission of Plats.Before submitting a final plat for approval, the subdivider shall prepare a preliminary plat and a letter of application. The pre­liminary plat shall be prepared in accordance with this chapter and the subdivider shall comply with the procedures of §§236.11 and 236.12, Wis. Stats., and shall file an adequate number of copies of the plat and the application with the Clerk-Treasurer. The Clerk-Treasurer shall transmit copies, as appropriate, to agencies specified in §236.12, Wis. Stats., 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 §236.12(6), Wis. Stats., 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, general plan and general plan components which affect it, and the Plan Commission shall submit its recommendations to the Village Board within 60 days.

(3) PRELIMINARY PLAT APPROVAL. 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 Clerk-Treasurer. If an object­ing agency fails to act within 20 days, it shall be deemed to have no objection to the plat. In addition:

(a) The Village Board shall, within 90 days of the date of the filing of a preliminary plat with the Clerk-Treasurer, 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 Clerk-Treasurer's permanent file.

(b) 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.

(c) (Am. Ord. #14-98) 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 24 months of preliminary plat approval and conforms substantially to the preliminary plat as indicated in §236.11(1)(b), Wis. Stats., the final plat shall be entitled to approval.

(4) FINAL PLAT REVIEW. The subdivider shall submit a final plat and a letter of application in accordance with this chapter and §§236.11 and 236.12, Wis. Stats., and shall file an adequate number of copies of the plat and the application with the Clerk­Treasurer. In addition:

• The Clerk-Treasurer shall transmit copies, as appropriate, to agencies specified in §236.12, Wis. Stats., and shall transmit the original final plat and 7 copies to the Village Board and 7 copies to the Plan Commission. A copy shall also be submitted to each public utility affected.

(b) 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.

(c) The final plat may, if permitted by the Village Board, constitute only that portion of the approved preliminary plat which the subdivider proposes to record at that time.

(5) FINAL PLAT APPROVAL. The objecting agencies shall, within 20 days of the date of receiving their copies of the final plat, notify the subdivider and all other approving and objecting agencies of any objections. If there are no objections, they shall so certify on the face of the copy of the plat and shall return that copy to the 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 6 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 Clerk-Treasurer, 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 10 days prior to any action of the Village 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 Clerk-Treasurer, 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 Village Board may not approve the final plat unless the Clerk-Treasurer 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 final plat, the subdivider shall furnish, when required by the Village, a consent and waiver of the statutory provisions for special assessment for the instillation-of sanitary-sewer, storm of a sewer, sewer laterals, water main, water laterals, curb and gut­ter, sidewalk, street surfacing, underground street lighting ser­vices and all other utilities, which will be in a form approved by the Village Attorney pursuant to §66.0703(7)(b), Wis. Stats., 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 Clerk-Treasurer 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 10 certi­fied copies of the final plat with the Clerk-Treasurer for distri­bution to appropriate local agencies and offices.

(6) EXTRATERRITORIAL PLAT APPROVAL JURISDICTION. When the land to be subdivided lies within 1-1/2 miles of the corporate limits of the Village subject to the limitations of §66.0105, Wis. Stats., the subdivider shall proceed as specified in subs. (1) through (3) above, except:

(a) Transmittal responsibility lies with the clerk of the town or municipality to whom the plat is first submitted and the subdivider shall indicate which one in his application.

(b) Approval agencies shall be as specified in §236.10, Wis. Stats., and the subdivider must comply with the land subdivi­sion ordinances of the town in which the plat lies.

(c) Subdivider may proceed with the installation of such improvements and under such regulations of the town board of the town within whose limits the plat lies. Whenever connection to any utility of the Village is desired, permission for such con­nection shall be obtained from the Village Board. Village policy does not permit serving any individual outside its Village limits.

(d) All improvement requirements specified by the town in which the plat is located or any special improvement district shall be met before filing of the final plat.

(7) REPLAT. When it is proposed to replat a recorded subdi­vision, or part thereof, the subdivider or person wishing to replat shall vacate or alter the recorded plat as provided in §§236.40 through 236.44, Wis. Stats. The subdivider or person wishing to replat shall then proceed as specified in subs. (1)through (3) above. Court vacations of plats are required when areas dedicated to the public are altered. The Clerk-Treasurer shall schedule, within the time period specified in sub. (3) above for the Village Board to take action upon the plat, a public hear­ing before the Plan Commission when a preliminary plat or a replat of lands within the Village is filed, and shall cause notices of the proposed replat and public hearing to be mailed to the owners of all properties within the limits of the exterior boundaries of the proposed replat and to the owners of all properties within 200 feet of the exterior boundaries of the proposed replat.

(8) DIVISION OF LAND LESS THAN A SUBDIVISION. (a) When it is proposed to divide land into 2 parcels or building sites, any one of which is less than 5 acres in size, or when it is proposed to divide a block, lot or outlot into not more than 4 parcels or building sites within a recorded subdivision plat without changing the boundaries of said block, lot or outlot, the subdivider shall subdivide by use of a certified survey map. The subdivider shall prepare the certified survey map in accordance with this chapter and shall file 5 copies of the map and the letter of application with the Clerk-Treasurer at least 15 days prior to the meeting of the Plan Commission at which action is desired.

(b) The Clerk-Treasurer shall, within 2 working days after filing, transmit copies of the map and letter of application to Village Board members and the Plan Commission.

(c) The Plan Commission shall transmit a copy of the map to all affected boards, commissions, departments and all affected public utility companies for their review and recommenda­tions concerning matters within their jurisdiction. Their recom­mendations shall be transmitted to the Plan Commission within 10 days from the date the map is filed. The map shall be reviewed by the Plan Commission for conformance with this chapter and all ordinances, rules, regulations, general plan and general plan com­ponents which affect it. The Plan Commission shall, within 30 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 Village Board.

(d) The Village Board shall approve, approve condition­ally or reject such map within 60 days from the date of filing of the map unless the time is extended by agreement with the subdi­vider. If the map is rejected, the reason shall be stated in the minutes of the meeting and a written statement supplied the subdi­vider. If the map is approved, the Village Board shall cause the Clerk-Treasurer to so certify on the face of the original map and return the map to the subdivider.

(e) The Clerk-Treasurer shall record the map with the County Register of Deeds within 10 days of its approval. The sub­divider shall be responsible for the recording fee.

(f) The subdivider shall file 5 certified copies of the certified survey map with the Clerk-Treasurer for distribution to appropriate local agencies and offices.

19.041 CONDOMINIUM PLAT

A Condominium plat submitted pursuant to §703.11 of the Wisconsin Statutes shall be filed with Village Clerk at the Village Clerk’s Office.

19.05 PRELIMINARY PLAT

(1) GENERAL REQUIREMENTS. A pre­liminary plat shall be required for all subdivisions and shall be based upon a survey by a registered land surveyor. The plat shall be 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:

(a) Title or name under which the proposed subdivision is to be recorded. Such title shall not be the same or similar to a previously recorded plat within Sheboygan County unless it is an addition to a previously recorded plat and is so stated on the plat.

(b) Property location of a proposed subdivision by gov­ernment lot, quarter section, township, range, county and State.

(c) Date, graphic scale and north arrow.

(d) Names and addresses of the owner, subdivider and land surveyor preparing the plat.

(e) Entire area contiguous to the proposed plat owned or controlled by the subdivider shall be included on the prelimi­nary plat even though only a. portion of said area is proposed for immediate development. The Village Board may waive this require­ment where it is unnecessary to fulfill the purposes and intent of this chapter and undue hardship would result from strict applica­tion thereof.

(2) PLAT DATA. All preliminary plats shall show the follow­ing:

(a) Length and bearing of the exterior boundaries of the proposed subdivision referenced to a corner established in U.S. Public Land Survey and the total acreage encompassed thereby.

(b) Existing contours at vertical intervals of not more than 2 feet where the slope of the ground surface is less than 10% and of not more than 5 feet where the slope of the ground surface is 10% or more. Elevations shall be marked on such contours based on U.S.G.S. datum.

(c) Water elevations of adjoining lakes and streams at the date of the survey and approximate high and low water eleva­tions, all referred to U.S.G.S. datum.

(d)- Flood plain limits- and the contour line lyingvertical distance of 2 feet above the elevation of the 100 year recurrence interval flood or, where such data is not available, 5 feet above the elevation of the maximum flocd of record.

(e) Location, right of way width and names of all existing streets, alleys or other public ways, easements, railroad and utility rights of way and all section and quarter section lines within the exterior boundaries of the plat or immediately adjacent thereto.

(f) 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 center line elevations, all to U.S.G.S. datum.

(g) Location and names of any adjacent subdivisions, parks and cemeteries, and owners of record of abutting unplatted lands.

(h) Location, size and invert elevation of any existing sanitary or storm sewers, culverts and drain pipes; the location of manholes, catch basins, hydrants, electrical and communication facilities, whether aerial or underground; and the location and size of any existing water and gas mains with the exterior bound­aries of the plat or immediately adjacent tract thereto. If no sewers or water mains are located on or immediately adjacent to the tract, the nearest such sewers or water mains which might be extended to serve the tract shall be indicated by their direction and distance from the tract, size and invert elevations.

(i) Locations of all existing property boundary lines, corporate limit lines, structures, drives, streams and watercours­es, marshes, rock outcrops, wooded areas, railroad tracks and other similar significant natural or manmade features within the tract being subdivided or immediately adjacent thereto.

(j) Setbacks or building lines if required by the Vil­lage Board in accordance with the guide lines set forth in sec. 19.08 of this chapter.

(k) Location, width and names of all proposed streets and public rights of way such as alleys and easements.

(1) Approximate dimensions of all lots together with proposed lot and block numbers.

(m) Location and approximate dimensions and size of any sites within the plat to be reserved or dedicated for parks, open space, playgrounds, drainageways or other public use or which are to be used for group housing, shopping centers, church sites or other private uses not requiring lotting.

(n) Approximate radii of all curves.

(o) Existing zoning on and adjacent to the proposed subdivision.

(p) Any proposed lake and stream access with a small drawing clearly indicating the location of the proposed subdivi­sion in relation to the access.

(q) Any proposed lake and stream improvement or reloca­tion.

(3) GRADING PLANS AND PROFILES. The Village Board, upon recommendation of the Director of Public Works, may require that the subdivider provide street plans and profiles showing existing ground surface, proposed and established street grades, including extensions for a reasonable distance beyond the limits of the pro­posed subdivision when requested. All elevations shall be based upon U.S.G.S. datum, and plans and profiles shall be of sufficient detail to determine that streets will conform to the grade of existing streets or their extension or to the established grades of future streets and shall be subject to the approval of the Director of Public Works.

(4) TESTING. The Director of Public Works may require that borings and soundings be made in specified areas to ascertain sub­surface soil, rock and water conditions, including depths to bed­rock and depth to ground water table.

(5) COVENANTS (Am. Ord. #5-00). The Village Board shall require submission of a list of existing covenants and a list of covenants with which the subdivider intends to regulate land use in the proposed subdivision and otherwise protect the proposed development. Minimum covenant requirements shall include, but not be limited to:

(a) Attached/detached garages of sufficient size to be built at the same time as the principal structure.

(b) Exterior lighting to be soft and indirect. No light sources shall be located so that they are offensive to a neighboring property.

(c) All vacant lots to be maintained at a neat level, no foliage greater than 6 inches high.

(d) All built on lots must be sodded or seeded on black dirt within one year of commencing construction.

(e) All driveways to be hard surfaced within one year of commencing construction.

(6) 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 and that he has fully complied with the provisions of this chapter.

19.06 FINAL PLAT

(1) GENERAL REQUIREMENTS. 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 §236.20, Wis. Stats.

(2) ADDITIONAL INFORMATION. The plat shall show correctly on its face, in addition to the information required by §236.20, Wis. Stats., the following:

(a) Exact length and bearing of the center line and center line curves of all streets.

(b) Exact street width along the right of way line of any obliquely intersecting street.

(c) Railroad rights of way within and abutting the plat.

(d) Setbacks or building lines, if required by the Plan Commission, in accordance with the guidelines set forth in sec. 19.08 of this chapter.

(e) Utility and/or drainage easements.

(f) All lands reserved for future public acquisition or reserved for the common use of property owners within the plat.

(g) Special restrictions required by the Village Board relating to access control along public ways, delineation of floodland limits, or to the provision of planting strips.

(3) DEED RESTRICTIONS. The Village Board may require that deed restrictions imposed by the subdivider be filed with the final plat.

(4) PLAT RESTRICTIONS. The Village Board may require that plat restrictions intended to reflect Village plans and ordinances be placed on the face of the plat.

(5) SURVEY ACCURACY. The Director of Public Works shall examine all final plats within the Village and may make, or cause to be made by a registered land surveyor under the supervision or direction of the Director of Public Works, 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:

(a) Maximum error of closure before adjustment of the survey of the exterior boundaries of the subdivision shall not exceed, in horizontal distance cr position, the ratio of one part in 5,000 nor, in azimuth, 4 seconds or 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.

(b) 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 3,000, or an error in measured angle greater than one minute of arc for any angle where the shorter side forming the angle is 300 feet or longer, necessary corrections shall be made. Where the shorter side of a measured angle is less than 300 feet in length, the error shall not exceed the value of 1--1/2 minutes multiplied-by the quotient of 300 divided by the length of the shorter side; however, such error shall not, in any case, exceed 5 minutes of arc.

(6) RELOCATED QUARTER CORNERS. Where the plat is located within a quarter section, the corners of which have been relocat­ed, monumented and coordinated by the County, the tie required by §236.20(3)(b), Wis. Stats., shall be expressed in terms of grid bearing and distance; and the material and Wisconsin State plane coordinates of the monument making 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.

(7) VILLAGE BOARD REVIEW. The Village Board shall receive the results of the Director of Public Works and the State's exam­ination prior to approving the final plat.

(8) SURVEYING AND MONUMENTING. All final plats shall meet all the surveying and monumenting requirements of §236.15, Wis. Stats.

(9) STATE PLANE CCORDINATE SYSTEM. All plats shall be tied directly to a section or quarter corner monumented according to the State Plane Coordinate System. 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 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 specified in sub. (5) above for the survey of the exterior boundaries of the subdivision. All distances and bearings shall be referenced to the Wisconsin Coordinate System.

(10) CERTIFICATES. All final plats shall provide all the certificates required by §236.21, Wis. Stats., and, in addition, the surveyor shall certify that he has fully complied with all the provisions of this chapter. The subdivider's certificate shall be fully executed prior to Village Board approval.

(11) RECORDATION. The final plat shall be recorded with the County Register of Deeds only after the certificates of the Direc­tor of the Planning Function in the Wisconsin Department of Devel­opment, of the Village Board, of the surveyor and those certifi­cates required by §236.21, Wis. Stats., are placed on the face of the plat. The Clerk-Treasurer shall record the plat within 10 days of its approval by the Village Board. The subdivider shall, however, be responsible for payment of the recording fee.

(12) DUPLICATE PLAT TO BE FILED. An identical reproducible copy, on stable drafting film at least 4 mils thick, along with the recording data, shall be placed on file with the Director of Public Works.

19.07 CERTIFIED SURVEY MAP

(1) GENERAL REQUIREMENTS. 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 §236.34, Wis. Stats. The minor subdivision shall comply with the design standards and improvement requirements set forth in secs. 19.08 and 19.09 of this chapter.

(2) REQUIRED INFORMATION. The map shall show correctly on its face, in addition to the information required by §236.34, Wis. Stats., the following:

(a) All existing buildings, watercourses, drainage ditches and other features pertinent to proper land division.

(b) Setbacks or building lines, if required by the Plan Commission in accordance with the guidelines set forth in sec. 19.08 of this chapter.

(c) Utility and/or drainage easements.

(d) All lands reserved for future acquisition.

(e) Date of the map.

(f) Flood plain limits and the contour line lying a vertical distance of 2 feet above the elevation of the 100 year recurrence interval flood or, where such data is not available, 5 feet above the elevation of the maximum flood of record.

(g) Graphic scale and north arrow.

(h) Name and address of the owner, subdivider and sur­veyor.

(3) STATE PLANE COORDINATE SYSTEM. All plats shall be tied directly to a section or quarter corner monumented according to the State Plane Coordinate System. 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 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 specified in sec. 19.06(5) of this chapter for the survey of the exterior boundaries of the subdivision. All distances and bearings shall be referenced to the Wisconsin Coor­dinate System.

(4) CERTIFICATES. The surveyor shall certify on the face of the map that he has fully complied with all the provisions of this chapter. After reviewing the map, the Village Board, upon the recommendation of the Plan Commission, shall certify its approval on- the face of the. map.- After receiving approval by the Village Board, such maps shall be certified by the Village President, the Clerk-Treasurer and the Director of Public Works. In addition, dedication of streets and other public areas shall require the owner's certificate and the mortgagee's certificate in substantially the same form as required by §236.21(2)(a), Wis. Stats.

(5) APPROVAL (Am. Ord. #5-00). No certified survey map shall be approved by the Village Board until all required improve­ments have been installed and until all required fees have been paid unless provision for the installation of improvements and payment of fees has been made in an approved subdivider's agree­ment. A signed subdivider's agreement between the Village and the subdivider shall be filed at the Village office prior to commence­ment of any construction.

(6) RECORDATION. The certified survey map shall only be recorded with the County Register of Deeds after the certificates of the Village Board and the surveyor are placed on the face of the map. The Clerk-Treasurer shall record the map within 10 days of its approval by the Village Board.