Village of Random Lake Ordinance
CHAPTER 19 - SUBDIVISION CODE

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.