VILLAGE OF DEFOREST DEVELOPMENT REVIEW PROCESSES WITHIN VILLAGE S EXTRATERRITORIAL JURISDICTION (ETJ)

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1 VILLAGE OF DEFOREST DEVELOPMENT REVIEW PROCESSES WITHIN VILLAGE S EXTRATERRITORIAL JURISDICTION (ETJ) The must approve all land divisions (subdivision plats and certified survey maps) within its extraterritorial jurisdiction or ETJ. The ETJ extends up to 1½ miles out from the current Village limits. Within all of the Village s ETJ that are in the Towns of Vienna and Burke, the Village also exercises extraterritorial zoning in cooperation with those Towns. The geographic limit of the Village s ETJ, including areas where extraterritorial zoning is in effect, is shown on the attached map. This map is subject to change based on new and amended intergovernmental arrangements and annexations. The following is a summary of the types of development proposals the Village reviews within its extraterritorial jurisdiction, and how and by whom they are reviewed. For additional detail, see Chapter 1: Subdivision and Development and Chapter : Zoning of the Municipal Code, by clicking here. The Village s Comprehensive Plan, Official Map, and intergovernmental agreements/cooperative plans between the Village and neighboring towns may have further standards. Those documents may be viewed by clicking here. Before seeking development approval in the Village s extraterritorial jurisdiction, potential applicants are urged to contact the Village s Zoning office for a pre-application consultation. This step will almost always save time, money, and frustration and often leads to a better development project for everyone concerned. Development approval application forms may be found by clicking here. Towns have development review authority and procedures of their own within the Village s extraterritorial jurisdiction, which can be understood by contacting the appropriate Town Clerk. Dane County also retains review over land divisions, stormwater management, and erosion control associated with development proposals within the ETJ. The towns often prefer that applicants begin development approval processes there first, before commencing approval processes at the Village and/or County. Processes if land is within the Village s extraterritorial jurisdiction for BOTH land division review and zoning (i.e., in Village extraterritorial zoning area) 1. Land Divisions Subdivision Plats and Certified Survey Maps (CSMs) a. CSM for a Minor Division (e.g., lot consolidation, lot line reconfiguration) Village Zoning Administrator takes final action on behalf of Village within 0 days of complete application but may refer CSM to Village Planning and Zoning Commission if significant issues identified or to Village Board if a waiver to a normal ordinance requirement is needed. Town and County CSM approval is also required in the ETJ. Check with Town Clerk and County Planning and Development Department. Page 1

2 b. CSM for other types of land divisions (for 4 or fewer lots) Within portion of ETJ in Vienna: -Vienna Extraterritorial Zoning Committee takes final action on behalf of Village, within 60 days of a complete application to the Village. Within all of parts of ETJ outside of Vienna: Village Planning and Zoning Commission takes final action on behalf of Village, within 60 days of a complete application to the Village. Village Board approval also required if a waiver to a normal Village subdivision ordinance requirement is needed. Town and County approval is also required. Check with Town Clerk and County Planning and Development Department. c. Subdivision Plat (generally for 5 or more lots) Step 1: Village Planning and Zoning Commission provides a recommendation to Village Board, following analysis and recommendation from Village staff. (In Vienna, -Vienna Extraterritorial Zoning Committee would make such recommendation instead.) Step : Village Board takes final action for the Village, within 90 days of a complete application for a preliminary plat and 60 days for a final plat. Town and County approval is also required in ETJ. Check with Town Clerk and County Planning and Development Department.. Zoning Map Amendment (also called a Rezoning) Check with Village Zoning Administrator or review the Village Zoning Ordinance to determine whether a proposed change in land use in the Village s extraterritorial zoning area requires that the land be rezoned and, if so, whether a comprehensive plan amendment may also be required. Step 1: Within Burke and Vienna extraterritorial zoning areas, Town Board action required before Extraterritorial Zoning Committee makes a recommendation, except if 60 days have elapsed following Extraterritorial Zoning Committee public hearing. Check with Town Clerk for any additional town processes, which should ideally occur before the Extraterritorial Zoning Committee recommendation. Step : Public hearing before the Extraterritorial Zoning Committee, scheduled 60+ days following submittal of a complete rezoning application to the Village, and preceded by Class notice issued by the Village and a Village staff recommendation. Step : Extraterritorial Zoning Committee provides a recommendation to Village Board. Step 4: Village Board takes final action. Page

3 . Conditional Use Permit See Village Zoning Administrator or review the Village Zoning Ordinance to determine whether proposed change in land use in the Village s extraterritorial zoning area requires a conditional use permit. Step 1: Public hearing before the Extraterritorial Zoning Committee, scheduled 0+ days following submittal of a complete conditional use permit application to the Village, and preceded by Class notice issued by the Village and a staff recommendation. Step : Extraterritorial Zoning Committee acts on conditional use permit application. Any party may appeal the action of the Committee the Village Board within days, which is the only circumstance in which Village Board action on a conditional use permit in the extraterritorial zoning area is required. Check with Town Clerk for any additional Town process. 4. Site Plan Approval Commercial, industrial, multiple family residential, and institutional development projects within the Village s extraterritorial zoning area generally require site plan approval. Check with Village Zoning Administrator or review Village Zoning Ordinance to confirm. The Village Zoning Administrator will take final action on site plan approval applications for many types of projects. However, final action by the Extraterritorial Zoning Committee is required instead in one or more of the following instances: a. The applicant has indicated a desire for Extraterritorial Zoning Committee action. b. Application is filed along with a rezoning or conditional use permit application. c. Site plan includes 0,000+ sq. ft. retail or commercial service building. d. Site plan proposes public improvements other than driveway or utility lateral connections. e. Zoning Administrator is unable to determine whether site plan approval standards in the Zoning ordinance are met. f. Review among Village and Town staff reveals differences that cannot be resolved by the Zoning Administrator. g. Town Board has adopted a resolution requiring the Extraterritorial Zoning Committee to act on site plan applications. At time of writing, neither town board in the extraterritorial zoning area has adopted such a resolution. See Town Clerk for any additional town process. Page

4 5. Variance If development proposal does not meet one or more Village Zoning Ordinance requirements, applicant may request a variance to ordinance requirement. Step 1: Public hearing before the Village Board of Zoning Appeals, scheduled 45+ days following submittal of a complete variance application to the Village, and preceded by Class 1 notice issued by the Village and Village staff recommendation. Step : Board of Zoning Appeals takes final action. Check with Town Clerk to determine whether the town wishes to make a recommendation to the Board of Zoning Appeals in advance of the public hearing. 6. Zoning Permit, Sign Permit, Building Permit The Village Zoning Administrator issues zoning permits within the Village s extraterritorial zoning area. A zoning permit demonstrates compliance with the Village zoning ordinance, and often precedes Town issuance of a building permit. The Village Zoning Administrator also issues sign permits within the Village s extraterritorial zoning area. A sign permit demonstrates compliance with the Village s sign regulations, and often precedes Town issuance of a building permit. Some towns also have their own sign regulations. The associated town issues building permits, which are required to assure that applicable building, electrical, and plumbing codes are met. 7. Stormwater Management Permit, Erosion Control Permit Applicant must meet applicable Dane County and WisDNR requirements. Check with the Dane County Land and Water Conservation Department. Generally there are no separate Village stormwater management and erosion control requirements in the ETJ, but intergovernmental agreements or cooperative boundary plans may specify unique requirements for certain areas. Processes if land is within the Village s extraterritorial jurisdiction for ONLY land division review purposes (i.e., not in Village extraterritorial zoning area, but still in ETJ for other purposes) For Certified Survey Maps (CSMs) and Subdivision Plats, follow the same Village procedures as described under 1 above. In Vienna and Burke, the extraterritorial land division review jurisdiction and the extraterritorial zoning area are the same. For all other development approval requests listed under through 7 above, there is either no role, or the Village s role is limited to that described in any associated intergovernmental agreement or cooperative plan. Page 4

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