§ 17-5. Procedure for dividing land.
No person, firm or corporation shall divide any land located within the corporate limits of the village or within the 1½ mile extraterritorial plat approval jurisdiction thereof which shall result in a land division as defined by this chapter without first filing an application for land division with the village clerk for approval by the village, and subsequently recording said land division with the county register of deeds.
In planning and developing a subdivision or minor subdivision within the village or its 1½ mile extraterritorial area, the subdivider or agent shall, in every case, pursue the following course:
(1)
Pre-application procedure. Before filing an application for approval of a certified survey map, condominium plat, or preliminary plat, the subdivider shall consult with Village of Fontana administrative staff and shall prepare the following:
a.
A preliminary sketch for review and concept approval of the plan commission.
b.
An environmental assessment checklist, or when required, an expanded environmental assessment report, as required by subsection 17-6(a).
c.
Written requests to the public works committee and to the plan commission for any water main and sanitary sewer extensions necessary to serve the proposed plat or certified survey map.
d.
A signed statement listing development projects for which the applicant has received village approval in the last five years and indicating any outstanding performance or financial obligations on such projects that derive from application of village land use regulations. If this statement is found to contain information that is contrary to fact or to omit the listing of such projects or obligations or to describe obligations on which performance or payment is delinquent, the application may be dismissed without prejudice until the application is corrected and/or the delinquency is cured.
e.
On completion of the above subsections (1)a—(1)d. above, a pre-application consultation shall be held with village administrative staff to assist the subdivider in appraising the objectives of these regulations, the comprehensive plan, the official map and any pertinent ordinances and to reach conclusions regarding the objectives and general program for the development.
(2)
Development impact study. A development impact study shall be submitted in connection with any proposed certified survey map, condominium plat or preliminary plat. The development impact study shall be in writing, shall address the impacts of the proposal on the village infrastructure, on municipal services, and on the respective school district, and such topics as listed in appendix A. The village recognizes that the size and type of developments will result in differing impacts and mitigation depending on the particular development and its demands. The plan commission will adjust the scope of the study accordingly to reflect those specific considerations.
a.
Generally, the development impact study shall:
1.
Contain such text, charts, tables and maps as may be required to identify the impacts of the proposal;
2.
Discuss how the impacts may be mitigated; and
3.
Estimate both the public and private costs of mitigation.
b.
The development impact study may be submitted prior to or together with the preliminary plat, certified survey map, or condominium plat as the land divider may choose.
(3)
Preliminary plat procedure.
a.
Pre-application procedure. Refer to subsection 17-5(1).
b.
Development impact study. Refer to subsection 17-5(2).
c.
Request for approval. Prior to submitting a final plat for approval, the subdivider shall prepare a preliminary plat and file a written request for its approval with the village clerk. A preliminary plat shall not be submitted prior to approval of the environmental assessment checklist, or when required, the environmental assessment report, as required in subsection 17-6(a). The request for approval shall be submitted at least 14 days prior to the date of the meeting of the plan commission at which the request is to be considered and shall include all data required by this section and shall be accompanied by 15 copies of the preliminary plat. The village clerk shall forward a copy of the plat to the Wisconsin Department of Transportation (when Trans 233 review is applicable), Walworth County, applicable school districts, utility companies, and appropriate village staff, consultants, and committees for review and comment.
d.
Preliminary plat finding. The applicant shall include a statement, and the plan commission shall state in its minutes, the following findings:
1.
The preliminary plat is consistent with this chapter;
2.
The preliminary plat is consistent with the zoning ordinance;
3.
The preliminary plat is consistent with the comprehensive plan; and
4.
The preliminary plat is consistent with the official map.
e.
Preliminary plat information. The preliminary plat shall include the entire area owned or controlled by the subdivider. The plan commission may waive this requirement to allow the subdivider to submit a comprehensive development plan (CDP) meeting the requirements of subsections 17-5(4) and 17-6(d) for that portion of the land which is not to be included in the final plat when the subdivider owns or controls 80 acres or more. The subdivider shall in all cases submit a preliminary plat for the lands to be included in the final plat.
f.
Plan commission deadline. The plan commission shall, within 90 days from the date submitted, approve, conditionally approve or reject the preliminary plat and when included, the development plan, based on its determination of conformance with the intent and provisions of this chapter and all related plans and ordinances, and recommendations of appropriate village committees and commissions. In all cases, the time period within which action is required shall not commence until the village has received all maps, plans, drawings and related data necessary for plat review as outlined herein. Such time may be extended by a written request from the subdivider, plan commission, village board or village president that is executed by the village president and filed by the village clerk. Failure of the plan commission to act within such 90 days or extension thereof shall constitute an approval of the preliminary plat and development plan. The reasons for conditional approval or rejection shall be stated in the minutes of the meeting and a letter stating such reasons shall be sent to the applicant. Approval of a preliminary plat shall be valid for six months from the date of the last required approval of the preliminary plat.
g.
Noting of plan commission action. The action of the plan commission shall be noted on three copies of the preliminary plat, one copy of which shall be returned to the subdivider with the date and action endorsed thereon.
h.
Statutory requirement. Replats are to be processed in accordance with the provisions of Wis. Stats. § 236.36, Replats.
i.
Private roads. If the preliminary plat, condominium plat, or certified survey map contains private road(s), the following note shall be added to the plat or certified survey map when it is presented for approval as a final plat:
1.
Notice of possible limitation of public services.
2.
This plat or certified survey map contains private road(s), and, as a result, certain village services may be limited. The extent of these limitations is spelled out in a document called a village/developer agreement; or, if this is a condominium plat, in a document called a general development plan (GDP), which directly relates to this plat or certified survey map CSM and is filed as a public document in the offices of both the village clerk and the director of public works.
(4)
Final plat procedure.
a.
Pre-application procedure. Refer to subsection 17-5(1).
b.
Development impact study. Refer to subsection 17-5(2).
c.
Approval required. The subdivider shall submit the final plat and written request for approval to the village clerk and the state in accordance with Wis. Stats. § 236.12. The subdivider shall provide 15 copies of the plat for review by the village at least 14 days prior to the scheduled plan commission review. The village clerk shall forward a copy of the plat to the appropriate village staff, consultants, and committees for review and comment.
d.
Limitations. The final plat may constitute only that portion of the approved preliminary plat that the subdivider proposes to record at that time.
e.
Professional review. A professional engineer, planner, or other person charged with the responsibility to review plats shall provide the plan commission 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.
f.
Final plat finding. The applicant shall include a statement, and the plan commission shall state in its minutes, the following findings:
1.
The final plat is consistent with the approved preliminary plat;
2.
The final plat is consistent with this chapter;
3.
The final plat is consistent with the zoning ordinance;
4.
The final plat is consistent with the comprehensive plan; and
5.
The final plat is consistent with the official map.
g.
Plan commission action. If the final plat conforms substantially to the preliminary plat as approved, including any conditions of approval, and to local plans and ordinances adopted as authorized by law, it is entitled to approval. The plan commission shall examine the final plat as to its conformance with the preliminary plat; the requirements set forth in subsection 17-4(b) of this chapter, and shall recommend approval, conditional approval or rejection of the plat. The plan commission shall transmit the plat, together with its recommendations to the village president and village board within 30 days of its submission to the plan commission.
h.
Village board deadline. The village board shall approve or reject the final plat within 60 days of its submission to the plan commission, unless the time is extended by a written request from the subdivider, plan commission, village board or village president that is executed by the village president and filed by the village clerk. The village board shall review the final plat for conformity with all conditions of approval, if any, and subsection 17-4(b) of this chapter and shall base approval or disapproval on these requirements. If the final plat meets the requirements of this chapter, and has been submitted within 36 months from the last required approval of the preliminary plat, and the conditions have been met in the case of a preliminary plat given conditional approval, the village board shall approve the final plat.
i.
Contract for improvements. Following approval of the final plat by the village board, the developer shall enter into a contract for improvements as required by section 17-7. Prior to the signing of said contract by the village president and the village clerk, the developer shall pay to the village all required fees, area charges and deposits, and provide any required performance bonds.
j.
Village copies. Upon recording of the final plat by the subdivider, two copies of the recorded document shall be furnished to the village.
k.
Failure to act within 60 days. If the village board fails to act within 60 days and the time has not been extended by agreement and if no unsatisfied objections have been filed within that period, the plat shall be deemed approved, and upon demand, a certificate to that effect shall be made on the face of the plat by the village clerk.
(5)
Comprehensive development plan procedure.
a.
Pre-application procedure. Refer to subsection 17-5(1).
b.
Development impact study. Refer to subsection 17-5(2).
c.
Comprehensive development plan. When the subdivider has 80 acres or more of land under his control, he may, where authorized by the plan commission, elect to file a comprehensive development plan (CDP) in lieu of a preliminary plat for that land not to be included in the final plat.
d.
Required exhibits. The applicant shall file 15 copies of all required exhibits with the village clerk.
e.
Review process. The CDP and its exhibits shall be reviewed by the village engineer, village planner, fire chief, rescue chief, police chief, public works director, the public works committee, and park commission, for conformity with the provisions of this and other pertinent ordinances, the comprehensive plan, the official map, and the park and open space plan. Their comments shall be forwarded to the plan commission for review.
f.
Plan commission deadline. The plan commission shall approve, conditionally approve or reject the CDP within 60 days of the filing of the CDP and exhibits. One copy shall be returned to the applicant notifying him in writing of any conditions of approval or reasons for rejection.
g.
Approval of changes. Any subsequent change to the CDP and exhibits shall require filing with the village clerk. Within 30 days of filing, the plan commission shall approve, conditionally approve or reject the revised CDP.
(6)
Minor subdivision (certified survey) procedure.
a.
Pre-application procedure. Refer to subsection 17-5(1).
b.
Development impact study. Refer to subsection 17-5(2).
c.
File copies. The applicant shall file 15 copies of the application and certified survey map with the village clerk. The village clerk shall forward a copy of the certified survey map to the appropriate village staff, consultants, and committees for review and comment. The certified survey map shall comply fully with Wis. Stats. § 236.34, and with all applicable requirements of this chapter.
d.
Minor subdivision finding. The applicant shall include a statement, and the plan commission shall state in its minutes, the following findings:
1.
The certified survey map is consistent with the approved preliminary certified survey map, if applicable;
2.
The certified survey map is consistent with this chapter;
3.
The certified survey map is consistent with the zoning ordinance;
4.
The certified survey map is consistent with the comprehensive plan; and
5.
The certified survey map is consistent with the official map.
e.
Plan commission action. The plan commission shall within 60 days approve, conditionally approve or reject the certified survey map, unless the time is extended by a written request from the subdivider, plan commission, village board or village president that is executed by the village president and filed by the village clerk. The reason for conditional approval or for rejection shall be recorded in the minutes and a letter detailing the action taken shall be sent to the applicant. After the conditions of approval have been satisfied, the resolution of approval and of acceptance for any land dedications shall be presented to the appropriate governmental body for action and if approved shall be placed on the face of the map with nonfading ink. If the plan commission fails to act within 60 days and the time has not been extended by agreement and if no unsatisfied objections have been filed within that period, the certified survey map shall be deemed approved, and upon demand, a certificate to that effect shall be made on the face of the certified survey map by the village clerk.
f.
Compliance.
1.
The applicant shall comply with the provisions of section 17-4 (general requirements), subsection 17-5(3)f., section 17-7 (required improvements), and section 17-8 (design standards) of this chapter.
2.
Where streets or other areas are dedicated to the public, the certified survey map shall contain an owner's and a mortgagee's certificate which are in substantially the same form as required by Wis. Stats. § 236.21(2)(a).
3.
Before an approved certified survey map is recorded, the applicant must pay to the village or other appropriate unit of government, any accrued real estate taxes and special assessments owing on any land dedicated by the survey and to the county treasurer any delinquent taxes on the dedicated land.
4.
Upon recordation by the developer, two copies of the recorded document shall be furnished to the village.
(7)
Criteria for the division of land within the extraterritorial plat approval jurisdiction of the village. The following policies shall govern the village in approving division of land within the 1-1/2 mile extraterritorial area in order to protect the rural character:
a.
All land divisions within the extraterritorial area shall follow the applicable procedure outlined in subsections 17-5(1)—(6).
b.
All land divisions within the extraterritorial area shall comply with the recommendations of the village comprehensive plan and shall also comply with the applicable zoning district.
c.
Reserved.
d.
The minimum lot size shall be one acre. A smaller lot size may be allowed if also approved by the respective town board.
e.
All land divisions within the extraterritorial area will be subject to the land reservation or dedication requirements of this chapter. This specifically means the following:
1.
Any waterway or stormwater management area identified on the village comprehensive plan of official map shall be dedicated in conformance with requirements of this chapter.
2.
Any lands falling within the limits of an environmental corridor, as mapped by the village will be required to record a public open space easement specifying that the use shall be consistent with conservancy area zoning in the village zoning ordinance.
f.
All land divisions within the extraterritorial area shall be consistent with the village's official map.
g.
All land divisions within the extraterritorial area will be required to follow erosion control plans in compliance with this chapter.
h.
All land divisions within the extraterritorial area shall pay the required review fees contained in this subsection 17-5(7) of this chapter.
i.
The plan commission may require placement of covenants or deed restrictions deemed necessary and appropriate by the village plan commission to protect the purpose and intent of the village's plans or ordinances. Any such restrictions shall be placed on the face of the certified survey map, preliminary plat, final plat, comprehensive development plan or on surrounding lands from which the lot or lots were created to verify the density standard established herein.
(8)
Fee and dedication schedule. The following schedule is established to ensure that each land division, subdivision, planned development and development project pays its share of costs for public facilities and services.
a.
Park and open space fee or dedication. A dedication of land and/or the payment of a fee in accordance with the provisions of subsections 17-7(c)(8) and (9) of this chapter is required for each dwelling unit planned for development.
b.
Fees to defray administrative expenses. To defray administrative cost associated with the following applications, the subdivider shall pay to the Village of Fontana fees as established by the village board. Fee shall be paid at time of application submission.
Application
Base Fee
Per Lot Fee
Total
Preliminary plat $200.00 $50.00 per lot Base fee + per lot fee Condominium plat $200.00 $50.00 per lot or building site Base fee + per lot/building site fee Final plat $200.00 $50.00 per lot Base fee + per lot fee Certified survey $200.00 $25.00 per lot Base fee + per lot fee c.
Payment for engineering, planning, or legal services. The subdivider shall pay to the Village of Fontana the actual cost of any engineering, planning, or legal work undertaken by the village at the request of the developer or the plan commission.
d.
Area charge for stormwater management facilities. The subdivider shall pay to the Village of Fontana the apportioned cost for development of an area-wide stormwater drainage system where such a facility has been designed to serve the proposed subdivision.
e.
Sewerage fee. The subdivider shall pay to the Village of Fontana the apportioned cost, determined by the village, for sanitary sewer connection fees.
(9)
Condominium project procedures. Each condominium project shall be reviewed on the basis of a condominium plat prepared pursuant to Wis. Stats. § 703.11, and other applicable statutes, as well as these land division and subdivision regulations as a plat or certified survey map for the land development or subdivision elements of the project. Platting procedures in subsections 17-5(3) and (4) shall apply to village review of condominium plats.
(Ord. No. 090412-01, § 1, 9-4-2012; Ord. No. 05-04-15-01, § 1, 5-4-2015; Ord. No. 100118-03, § 1, 10-1-2018)