CHAPTER 11 SUBDIVISION ORDINANCE CODE OF ORDINANCES OF THE COUNTY OF FLORENCE, WISCONSIN

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1 CHAPTER 11 SUBDIVISION ORDINANCE CODE OF ORDINANCES OF THE COUNTY OF FLORENCE, WISCONSIN

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3 LIST COUNTY OF FLORENCE OFFICIALS COUNTY BOARD Jeanette Bomberg, Chair Edwin Kelley, Vice Chair Larry Dzekute Ronald Erickson Sherry Johnson Fran Modschiedler Larry Neuens Gary Steber Susan Theer Holly Wahlstrom-Stratton Edward Wenger Mark Wenzel BOARD OF ADJUSTMENT Mike Bednarski Gary Lindow Dennis Christian ZONING/LAND USE COMMITTEE Jeanette Bomberg Sherry Johnson Larry Neuens Gary Steber Mark Wenzel COUNTY ZONING AND RECYCLING DEPARTMENT Rich Wolosyn, Zoning Administrator, Solid Waste Coordinator Trish Kelly, Assistant Zoning Administrator Chapter 11 Subdivision Ordinance i Amendment April 17, 2018

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5 CHAPTER 11: SUBDIVISION ORDINANCE CODE OF ORDINANCES OF THE COUNTY OF FLORENCE, WISCONSIN Adopted: May Repealed and Reenacted: May 20, 2003 Amended: June 20, 2006 Amended: April 17, 2018 Assistance Provided By: Bay-Lake Regional Planning Commission 425 S. Adams Street Suite 201 Green Bay, WI Chapter 11 Subdivision Ordinance iii Amendment April 17, 2018

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7 CHAPTER 11 FLORENCE COUNTY SUBDIVISION ORDINANCE TABLE OF CONTENTS 1.0 INTRODUCTION AUTHORITY TITLE PURPOSE AND INTENT ABROGATION AND GREATER RESTRICTIONS INTERPRETATION SEVERABILITY REPEAL DISCLAIMER OF LIABILITY GENERAL PROVISIONS JURISDICTION APPLICABILITY COMPLIANCE LAND SUITABILITY DEDICATION AND RESERVATIONS OF LAND RESERVED IMPROVEMENTS DEVELOPMENT AGREEMENT VARIANCES VIOLATIONS PENALTIES... 7 Chapter 11 Subdivision Ordinance v Amendment April 17, 2018

8 2.12. APPEALS LAND DIVISION PROCEDURES PRE-APPLICATION AND SKETCH PLAN PRELIMINARY PLAT REVIEW PRELIMINARY PLAT APPROVAL FINAL PLAT REVIEW FINAL PLAT APPROVAL RESERVED MINOR LAND DIVISION REPLATS CONDOMINIUM PLATS PRELIMINARY PLAT GENERAL SITE ANALYSIS INFORMATION-RESERVED PLAT DATA STREET PLANS AND PROFILES TESTING SOIL AND WATER CONSERVATION COVENANTS AND CONDOMINIUM OR HOMEOWNERS ASSOCIATION DOCUMENTS AFFIDAVIT FINAL PLAT GENERAL ADDITIONAL INFORMATION DEED RESTRICTIONS SURVEY ACCURACY Chapter 11 Subdivision Ordinance vi Amendment April 17, 2018

9 5.5. SURVEYING AND MONUMENTING STATE PLANE COORDINATE SYSTEM CERTIFICATES FILING AND RECORDING CERTIFIED SURVEY MAP GENERAL REQUIREMENTS REQUIRED INFORMATION ADDITIONAL INFORMATION STATE PLANE COORDINATE SYSTEM CERTIFICATES RECORDING DESIGN STANDARDS STREET ARRANGEMENT LIMITED ACCESS HIGHWAY AND RAILROAD RIGHT-OF-WAY TREATMENT STREET, BICYCLE, AND PEDESTRIAN WAY DESIGN STANDARDS STREET INTERSECTIONS BLOCKS LOTS BUILDING AND SETBACK LINES EASEMENTS PROTECTION OF NATURAL RESOURCES PARK AND OPEN SPACE AND OTHER PUBLIC SITES REQUIRED IMPROVEMENTS SURVEY MONUMENTS REQUIRED IMPROVEMENTS Chapter 11 Subdivision Ordinance vii Amendment April 17, 2018

10 8.3. LOTS NOT ABUTTING PUBLIC ROADS PUBLIC SANITARY SEWERAGE AND PRIVATE SEWERAGE DISPOSAL SYSTEMS PLANNED RESIDENTIAL UNIT DEVELOPMENT PURPOSE REVIEW REQUIREMENTS CONSTRUCTION COMMENCEMENT PHASING BUILDING PERMITS PLANS EARTH MOVING PRESERVATION OF EXISTING VEGETATION INSPECTION COMPLETION OF IMPROVEMENTS AS BUILT PLANS-RESERVED FEES GENERAL PRELIMINARY PLAT OR CERTIFIED REVIEW FEE IMPROVEMENT REVIEW FEE CONSTRUCTION REVIEW FEE FINAL PLAN REVIEW FEE PUBLIC SITE FEE ENGINEERING FEE SPECIAL LEGAL AND FISCAL REVIEW FEES Chapter 11 Subdivision Ordinance viii Amendment April 17, 2018

11 11.9. APPEAL OF FEES RULES AND DEFINITIONS RULES DEFINITIONS EFFECTIVE DATE Chapter 11 Subdivision Ordinance ix Amendment April 17, 2018

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13 INTRODUCTION 1.1. AUTHORITY Pursuant to the authority granted by Sections (3), (2), (8), and of the Wisconsin Statutes, the County Board of Supervisors of Florence County does ordain as follows: 1.2. TITLE This Ordinance shall be known as, referred to, or cited as the Subdivision Ordinance, Florence County, Wisconsin; or Chapter 11 of the 1.3. PURPOSE AND INTENT The purpose of this Ordinance is to regulate and control the division of land within the unincorporated areas of Florence County for the following purposes: to promote the public health, safety, aesthetics and general welfare of Florence County. More particularly and without limitation it is the purpose of this Ordnance to: Further the orderly layout and use of land; Prevent the over-crowding of land and avoid the undue concentration of population; Lessen congestion in the streets and highways; Provide for adequate light and air; Facilitate adequate provisions for water, sewage and other public requirements; Provide for proper ingress and egress from development sites; Promote monumenting of subdivided land and conveyancing by accurate legal description, Provide safe and orderly shoreland subdivision layouts Implement the County s development plan and comments thereof and to facilitate enforcement of community standards as set forth in the zoning code Promote the wise use, development, conservation and protection of the soil, water, wetland, woodland, and wildlife resources in the County, and to achieve a balanced relationship between land use and development and the supporting and sustaining the natural resource base Avoid the Harmful Effects of premature division or development of land Secure Safety from fire, flooding, water pollution, and other hazards and minimize expenditures for flood relief and flood control projects Prevent and Control Erosion, sedimentation, and other pollution of surface and subsurface waters. Chapter 11 Subdivision Ordinance 1 Amendment April 17, 2018

14 Preserve Natural Vegetation and cover and protect the natural beauty of the County Facilitate the Division of land into smaller parcels Facilitate and ensure the adequate provision of transportation, water sewerage, stormwater management, schools, parks, playgrounds, and other public facilities and services Ensure Adequate Legal Description and proper survey monumentation of divided land Provide Adequate, Affordable Housing Restrict Building in areas of unsuitable soils Provide for the Administration and enforcement of this Ordinance ABROGATION AND GREATER RESTRICTIONS It is not intended by this Ordinance to repeal, abrogate, annual, impair or interfere with any existing easements, covenants, deed restrictions, agreements, ordinances, rules, regulations, or permits previously adopted or issued pursuant to law. However, whenever this Ordinance imposes greater restrictions, the provisions of the Ordinance shall govern INTERPRETATION In their interpretation and application, the provisions of this Ordinance shall be held to be minimum requirements and shall be liberally construed in favor of Florence County, and shall not be deemed a limitation or repeal of any other power granted by the Wisconsin Statutes SEVERABILITY If any section, provision or portion of this Ordinance is adjudged unconstitutional or invalid by a court of competent jurisdiction, the remainder of this Ordinance shall not be affected thereby REPEAL All other ordinances or parts of ordinances of Florence County inconsistent or conflicting with this Ordinance, to the extent of the inconsistency only, are hereby repealed DISCLAIMER OF LIABILITY The County does not guarantee, warrant of represent that only those areas delineated as floodplains on plats and certified survey maps will be subject to periodic inundation, nor does the county guarantee, warrant or represent that the soils shown to be unsuited for a given land use from tests required by the Ordinance are the only unsuited soils within the jurisdiction of this Ordinance; and there by asserts that there is no liability on the part of the County Board, its agencies or agents, or employees for flooding problems, sanitation problems, or structural damage that may occur as a result of reliance upon and conformance with this Ordinance. Chapter 11 Subdivision Ordinance 2 Amendment April 17, 2018

15 GENERAL PROVISIONS 2.1. JURISDICTION The jurisdiction of this ordinance shall include all unincorporated lands within the County Where the governing body of a town or municipality within Florence County has enacted an ordinance regulating subdivisions, compliance must be made with the most restrictive requirements as provided in Section (4) of the Wisconsin Statutes APPLICABILITY Subdivision: Any division of land within the County or the extraterritorial plat approval jurisdiction of the County that results in subdivision as defined in Section 12.0 shall be, and any other division of land may be, surveyed and a plat thereof approved and recorded pursuant to the provisions of Section 5.0 this Ordinance and Chapter 236 of the Wisconsin Statutes Minor Land Division: Any division of land within the County or the extraterritorial plat approval jurisdiction of the County that results in a minor land division as defined in Section 12.0 shall be surveyed and a certified survey map of such division approved and recorded as required by Section 6.0 of this Ordinance and Chapter 236 of the Wisconsin Statutes It is the Express Intent of this Ordinance to regulate condominiums having one or more principal structures on any parcel, except for condominium conversions of existing structures where no additional units are being created. In no case shall the maximum number of units in a condominium exceed the maximum number of lots the same parcel could have accommodated under the County Zoning Ordinance if the parcel had been conventionally divided However, in no instance shall the provision of this Ordinance apply to: A. Transfer 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 land between owners of adjoining property if additional lots are not thereby created and the resultant lots are not reduced below the minimum sizes required by these regulations, the County Zoning Ordinance, or other applicable laws or ordinance D. Cemetery plats made under Section of the Wisconsin Statutes. E. Assessors plats made under Section of the Wisconsin Statues; however, assessors plats shall comply with Sections (1)(a) through (g), and (1), and (2)(a) through (e) of the Wisconsin Statutes unless waived under Section (2)(L). F. Sale or exchange of parcels of public utilities or railway rights-of-way to adjoining property owners if the County Planning and Zoning Committee and the county planning agency approve such sale or exchange on the basis of applicable local ordinances or the provisions of Chapter 236 of the Wisconsin Statutes. Chapter 11 Subdivision Ordinance 3 Amendment April 17, 2018

16 COMPLIANCE No person shall divide any land located within the jurisdictional limits of these regulations which results in a subdivision, a replat, or condominium as defined herein, no such subdivision, minor subdivision, replat or condominium shall be entitled to record; and, no improvements shall be made to land without compliance with all requirements of this Ordinance, and with Duly Approved Regional and County Comprehensive Plans, or approved plan components including the County Zoning Ordinance and County Sanitary Ordinance Applicable Local Ordinances The provisions of Chapter 236, Wisconsin Statutes The provisions of Chapter 703 of the Wisconsin Statutes for all proposed condominiums The rules of the Wisconsin Department of Safety and Professional Services regulating lot size and lot elevation for proper sanitary conditions if any lot or unit is not served by a public sewer and provisions for such service have not been made The rules of the Wisconsin Department of Transportation relating to the provision for the safety of entrances upon and departure from state trunk highways or connecting highways and for the preservation of the public interest and investment in such highways The rules of the Wisconsin Department of Natural Resources setting water quality standards preventing and abating pollution and regulating development within the floodplain, wetland, and shoreland areas LAND SUITABILITY No land shall be subdivided which is held unsuitable for any proposed use by the County Planning and Zoning Committee for reason of flooding, inadequate drainage, soil and rock formations with severe limitations for development, sever erosion potential, unfavorable topography, inadequate water supply or sewage disposal capabilities or any other feature likely to be harmful to the health, safety or welfare of future residents of the proposed subdivision or of the community The County Planning and Zoning Committee in applying the provisions of this Ordinance shall in writing cite the particular facts upon which it bases its conclusion that the land is not suitable for the proposed use and afford the subdivider an opportunity to present evidence regarding such suitability at a public hearing. Thereafter, the County Planning and Zoning Committee may affirm, modify, or withdraw its determination of unsuitability. Chapter 11 Subdivision Ordinance 4 Amendment April 17, 2018

17 2.5. DEDICATION AND RESERVATIONS OF LAND Whenever proposed subdivision, minor land division, or condominium plat encompasses all or any part of a street, drainage way, or other public way which has been designated in the adopted regional and county comprehensive plans, or adopted plan components, said public way shall be made a part of the plat or certified survey map, and dedicated or reserved, as determined by the County, by the subdivider in the locations and dimensions indicated on said plan or map as set forth in Section Whenever a proposed Park, Playground, Public Access, Open Space Site or other public land, other than streets or drainage ways, designated in the adopted regional and county comprehensive plans, or adopted plan components is embraced, all or in part, in a tract of land to be subdivided, such proposed public lands shall be made a part of the plat and shall either be dedicated to the public, or be reserved for acquisition at undeveloped land costs, for a period not to exceed 3 years from the date of recordation, unless extended by mutual agreement between the subdivider and the public agency having jurisdiction. If the reserved land is not acquired by said public agency within the above time limit, the land shall be released to the owner All Public Access to the low watermark of navigable lakes and streams required by Section (3), Wisconsin Statutes shall be at least 60 feet wide The Lands Lying Between the Meander Line established in accordance with Section (2)(g), Wisconsin Statutes, and the waters edge, and any otherwise unplattable lands which lie between a proposed subdivision and the waters edge shall be included as part of lots, outlots or public dedications in any plat abutting a lake or stream. This requirement applies not only to lands proposed to be subdivided, but also to all lands under option to the subdivider or in which he holds any interest and which are contiguous to the lands proposed to be subdivided and which abut a lake or stream as provided in Section (4), Wisconsin Statutes RESERVED 2.7. IMPROVEMENTS The subdivider shall not install any streets or other improvements required by the Town until the Final Plat has been approved by the County Planning and Zoning Committee. Before recording the Final Plat with the County Register of Deeds, the subdivider shall enter into a contract with the Town agreeing to install all required improvements, and shall file with said contract a surety bond or other satisfactory security meeting the approval of the Town Attorney as a guarantee that such improvements will be completed by the subdivider or his subcontractors within the time limit established by the subdivider or his subcontractors within the time limit established by the Town Board. In order that adequate inspections can be made, the subdivider shall notify the Town Board one week prior to the time each improvement is to be installed, and upon completion of the project. Chapter 11 Subdivision Ordinance 5 Amendment April 17, 2018

18 Contracts and contract specifications for the construction of street and utility improvements within public street rights-of-way, as well as contractors and subcontractors providing such work, shall be subject to approval of the County Planning and Zoning Administrator 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 Survey Monuments. Before final approval of any plat within the corporate limits of the County, the subdivider shall cause survey monuments to be installed as required by and placed in accordance with the requirements of Section of the Wisconsin Statutes, and as may be required by the County Planning and Zoning Administrator. The County Planning and Zoning Administrator may waive the placing of monuments, as provided in Section (1)(h) of the Wisconsin Statutes, for a reasonable time, not to exceed one year, on condition that the subdivider provide a letter of credit, certified check, or surety bond equal to the estimated cost of installing the monuments to ensure the placing of such monuments within the time required by statute. Additional time may be granted upon show of cause DEVELOPMENT AGREEMENT Before or as a condition of receiving final approval from the County Planning and Zoning Committee of any final plat, condominium plat, or certified survey map for which public improvements are required by this Ordinance; or for which public improvements, dedications, or fees are being deferred under this Ordinance; or for which phasing approval is being granted under Section 9.2 of this Ordinance, the subdivider shall sign and file with the County Planning and Zoning Committee a development agreement. The development agreement shall be approved as to form by the County Attorney, and shall be approved by the County Planning and Zoning Committee prior to approval of the final plat, condominium plat, or certified survey map VARIANCES In any particular case where the subdivider can show that, by reason of exceptional topographic or other physical conditions, strict compliance with any requirements of this Ordinance would cause practical difficulty or exceptional and undue hardship, the County Planning and Zoning Committee may relax such requirement to the extent deemed just and proper, so as to relieve such difficulty or hardship, provided such relief may be granted without detriment to the public good and without impairing the intent and purpose of this Ordinance or the desirable general development of the County. A 2/3 vote of the entire membership of the County Planning and Zoning Committee shall be required to grant any modification to these regulations, and any modification thus granted shall be entered in the minutes of the Committee setting forth the reasons, which in the opinion of the Committee, justified the modification. Chapter 11 Subdivision Ordinance 6 Amendment April 17, 2018

19 Exceptional Circumstances. There are exceptional, extraordinary, or unusual circumstances or conditions where a literal enforcement of the requirements of this Ordinance 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 Ordinance should be changed Preservation of Property Rights. That such exception or modification is necessary for the preservation and enjoyment of substantial property rights possessed by other properties in the same vicinity Absence of Detriment. That the exception or modification will not create substantial detriment to adjacent property and will not materially impair or be contrary to the purpose and spirit of this Ordinance or the public interest A Simple Majority Vote of the full membership of the Planning and Zoning Committee shall be required to grant any exception or modification of this Ordinance, and the reasons shall be entered into the minutes of the Committee VIOLATIONS It shall be unlawful to build upon, divide, convey, record or monument any land in violation of this Ordinance of the Wisconsin Statutes, and no person, firm or corporation shall be issued a County Land Use Permit and/or a Town building permit authorizing the building on, or improvement of, any subdivision, minor subdivision or replat within the jurisdiction of this Ordinance have been fully met. The County may institute appropriate action or proceedings to enjoin violations of this Ordinance or the applicable Wisconsin Statutes PENALTIES Any person, firm or corporation that fails to comply with the provisions of this Ordinance shall, upon conviction thereof, forfeit not less than $ nor more than $1, and the cost of prosecution for each violation, and in default of payment of such forfeiture and costs, shall be imprisoned in the County Jail until payment thereof for a period not to exceed 6 months. Each day a violation exists or continues shall constitute a separate offense Recordation improperly made has penalties as provided for in Section , Wisconsin Statutes Conveyance of lots in unrecorded plats has penalties as provided for in Section , Wisconsin Statutes Monuments disturbed or not placed have penalties as provided for in Section , Wisconsin Statutes Assessors Plat made under Section of the Wisconsin Statutes, may be ordered by the County as a remedy, at the expense of the subdivider when subdivision is created by successive divisions. Chapter 11 Subdivision Ordinance 7 Amendment April 17, 2018

20 2.12. APPEALS Any person aggrieved by an objection to a plat or failure to approve a plat may appeal such objection or failure to approve, as provided in Sections (5) and (7)(e) of the Wisconsin Statutes, 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. The court shall direct that the plat be approved if it finds that the action of the approving or objecting agency is arbitrary, unreasonable, or discriminatory. Chapter 11 Subdivision Ordinance 8 Amendment April 17, 2018

21 3.0 LAND DIVISION PROCEDURES 3.1. PRE-APPLICATION AND SKETCH PLAN Preliminary Consultation Prior to filing an application for approval of a preliminary plat, condominium plat, or certified survey map the subdivider shall consult with the County Planning and Zoning Administrator to become informed of the purpose and objectives of these regulations, adopted regional and county comprehensive plans, or adopted plan components, and duly adopted plan implementation ordinances of the County, and to otherwise assist the subdivider in planning the development. In so doing, the subdivider will gain a better understanding of the subsequent required procedures Sketch Plan As a part of this consultation, or thereafter, but prior to filing an application for approval of a preliminary plat, the subdivider shall submit six copies of a sketch plan of sufficient scale and reasonable accuracy indicating the following information: A. Title, Scale, North Arrow, and Date B. Boundaries of the property being considered for platting or development. C. General Soil Conditions, seasonally wet areas, rock outcrops and areas with existing slopes of over 12 percent, including the general direction of slope. D. Proposed Filling, Grading, Lagooning, and Dredging with a general indication of the finished grade and percentages of slopes over 10 percent. E. Delineation of any periodically flooded areas, shorelines, and high water lines. F. Total acreage of subdivision, number of proposed lots, general lot layout showing proposed lot widths and depths, in accordance with relative zoning regulations. G. Land Uses adjacent to proposed subdivision, proposed roads, easements, public access to navigable water, dedications, community facilities, and utilities. H. A Description of all property owned or controlled by the subdivider contiguous to the proposed plat even though only a part of the area is proposed for immediate development. I. Name and Address of Subdivider or his Agent Consultation with County Planning and Zoning Committee When submitting copies of the sketch plan, the subdivider shall file a request for a consultation with the County Planning and Zoning Committee. This request Chapter 11 Subdivision Ordinance 9 Amendment April 17, 2018

22 must be filed at least 15 days prior to the County Planning and Zoning Committee meeting at which it will be discussed. Within two days after receiving such a request, the County Planning and Zoning Administrator shall notify the subdivider, applicable Town Clerk and the Bay-Lake Regional Planning Commission of the date, time, and place of this meeting. When informing the Town Clerk and Regional Planning Commission, the County Planning and Zoning Administrator shall also submit two copies of the sketch plan to each of these agencies for their review and comments After Review of the Sketch Plan by the county Planning and Zoning Committee, or within 20 days thereafter, the subdivider will be informed of any additions, changes, or corrections to his sketch plan necessary to expedite the Preliminary Plat and Final Plat procedures PRELIMINARY PLAT REVIEW Before submitting a Final Plat for approval, the subdivider shall prepare a Preliminary Plat in accordance with Section 4.0 of this Ordinance. The subdivider shall file the required number of copies of the Preliminary Plat as outlined in Section and a letter of application with the County Planning and Zoning Administrator at least 25 days prior to the meeting of the County Planning and Zoning Committee, at which action is desired. The letter of application must indicate that copies of the plat are on file with the utility companies having jurisdiction over the subject area so that adequate provisions can be made by the utility companies to serve the proposed subdivision The County Planning and Zoning Administrator shall, within two days after filing, transmit copies of the Plat to the following agencies: A. Four copies to the County Planning and Zoning Committee. B. Two copies to the applicable Town Clerk. C. Two copies to the clerk of an adjoining city or village if the subdivision lies within the extraterritorial plat approval jurisdiction of the city or village. D. Two copies to the Bay-Lake Regional Planning Commission. E. Two copies to the Director of Plat Wisconsin Department of Administration. F. Two copies to the Division of Highways, Wisconsin Department of Transportation, if the subdivision abuts or adjoins a state trunk highway or connecting highway or when the landowner has interest in the land between the subdivision and a state trunk highway or interstate highway. G. Two copies to the Wisconsin Department of S a f e t y a n d P r o f e s s i o n a l S e r v i c e s, if the subdivision is not served by a public sewer and provision for such service has not been made. Chapter 11 Subdivision Ordinance 10 Amendment April 17, 2018

23 H. Two copies to the Wisconsin Department of Natural Resources, if the subdivision is within the Shoreland Jurisdictional Area Agencies (A) (B) and (C) in section are designated approving agencies, while agencies (D) (E) (F) and (G) are designated objecting agencies The Bay-Lake Regional Planning Commission shall serve as a reviewing agency and shall make recommendations to the County Planning and Zoning Committee. For the purpose of this Ordinance, the Bay-Lake Regional Planning Commission shall have the same time limits as the objecting agencies Alternate Procedure. In accordance with Section (6) of the Wisconsin Statutes, the subdivider or his agent may submit the original drawing of the Preliminary Plat directly to the Director of Plats of the Department of Administration, who will prepare and forward copies of the original Plat to each of the State agencies required to review it. When this procedure is used, it shall be the responsibility of the subdivider or his agent to submit copies of the Plat to the approving agencies and the Bay-Lake Regional Planning Commission as specified in Section of this Ordinance The County Clerk shall also transmit, within two normal working days after filing, one copy each of the preliminary plat to affected public and private utility companies, and the affected school district or districts for their review and recommendation concerning matters within their jurisdiction. Their recommendations shall be transmitted to the Planning and Zoning Committee within 20 days from the date the plat is received 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 a copy of the Plat and shall return that copy to the County Planning and Zoning Committee. If an objecting agency fails to act within 20 days, it shall be deemed to have no objections to the Plat. However, when the Plat is submitted under the alternate procedure listed in Section 3.2.4, the Head of the Planning Function shall have 30 days in which to object to the Plat The County Planning and Zoning Administrator shall inform the applicable Town Clerk and the Bay-Lake Regional Planning Commission not less than 20 days in advance of the date, time and place of the County Planning and Zoning Committee meeting at which the Plat will be reviewed The County Planning and Zoning Committee shall review the Plat for conformance with this Ordinance and all other ordinances, rules, regulations and adopted regional and county comprehensive plans or adopted plan components which affect the Plat. Chapter 11 Subdivision Ordinance 11 Amendment April 17, 2018

24 The County Planning and Zoning Committee within 40 days of the date of filing of Preliminary Plat with the County Planning and Zoning Administrator shall approve, approve conditionally, or reject such Plat unless the time is extended by agreement with the subdivider. 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, or rejected, a letter setting forth the conditions of approval or the reasons for rejections shall accompany the Plat. One copy of the Plat shall be placed in the County Planning and Zoning Committee's permanent file Failure of the County Planning and Zoning Committee to act within 40 days of the filing date shall constitute an approval 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 6 months of Preliminary Plat approval and conforms substantially to the Preliminary Plat layout, including any conditions of that approval, and to local plans and ordinances in the Final Plat shall be entitled to approval with respect to such Layout as provided Section (1) (b), of the Wisconsin Statutes, 3.4. FINAL PLAT REVIEW The subdivider shall prepare a Final Plat in accordance with Section 5.0 of this Ordinance and shall file the required number of copies of the Final Plat as outlined in Section and a letter of application with the County Planning and Zoning Administrator at least 25 days prior to the meeting of the County Planning and Zoning Committee at which action is desired The County Planning and Zoning Administrator shall, within 2 days after filing, transmit copies of the Plat to the agencies identified in Section of this Ordinance which are required to review the Plat Alternate Procedure. The subdivider or his agent may submit the original drawing of the Final Plat directly to the Head of the Planning Function of the Department of Administration as provided in Section of this Ordinance Partial Platting. The Final plat may, if permitted by the County Planning and Zoning Committee, constitute only that portion of the approved Preliminary Plat which the subdivider proposes to record at that time 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 a copy of the Plat and shall return that copy to the County Planning and Zoning Committee. If an objecting agency fails to act within 20 days, it shall be deemed to have no objection to the Plat. However, when the Plat is submitted under the alternate procedure listed in Section the Head of the Planning Function shall have 30 days in which to object to the Plat. Chapter 11 Subdivision Ordinance 12 Amendment April 17, 2018

25 The County Planning and Zoning Administrator shall inform the applicable Town Clerk and the Bay-Lake Regional Planning Commission not less than 20 days in advance of thedate, time and place of the County Planning and Zoning Committee meeting at which theplat will be reviewed The County Planning and Zoning Committee shall examine the Final Plat as to its conformance with the approved Preliminary Plat; any conditions of approval of the Preliminary Plat; this Ordinance and all Ordinances, rules regulations and adopted regional and county comprehensive plans or adopted plan components which may affect the Plat The County Planning and Zoning Committee shall within 60 days of the date of filing of the Final Plat with the County Planning and Zoning Administrator, approve, approve conditionally or reject the 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 written statement of the reasons forwarded to the subdivider. If the Plat is approved, the County Planning and Zoning Committee shall not inscribe its approval on the face of the original Final Plat until the County Planning Administrator certifies on the face of the original Final Plat that copies were forwarded as required by section of this Ordinance, the date thereof, and that no objections have been filed within 20 days or, if filed, have been satisfied. If the Plat was submitted under the alternate procedure outlined in Section of this Ordinance, certification of no objections on the face of the Final Plat shall be signed by the Head of the Planning Function rather than the County Planning and Zoning Administrator Failure of the County Planning and Zoning Committee to act within 60 days, the time having not been extended and no unsatisfied objections having been filed, the Plat shall be deemed approved Recordation. After the Final Plat has been approved by the County Planning and Zoning Committee, the Town Board and any other approving agencies, the subdivider shall record the Plat with the County Register of Deeds in accordance with Section of the Wisconsin Statutes RESERVED 3.7. MINOR LAND DIVISION When it is proposed to divide land into more than one, but less than five, parcels or building sites, inclusive of the original remnant parcel, any one of which is less than five acres by a division or by successive divisions of any part of the original parcel within a five-year period and the division does not result in a subdivision; or when it is proposed to divide land into five or more parcels or building sites inclusive of the original remnant parcel, more than 1 ½ each but less than 5 acres each in area, by a division or by successive divisions of any part of the original parcel within a period of five year and the division does not result in a subdivisions; or when it is proposed to divide a block, lot, or outlot within a recorded subdivision plat into more than one, but less than five, parcels or building sites, inclusive of the original remnant parcel, without changing the exterior boundaries of the subdivision plat, and the division does not result in a Chapter 11 Subdivision Ordinance 13 Amendment April 17, 2018

26 subdivision, the subdivider may effect the division by use of a certified survey map. The subdivider shall prepare the certified survey map in accordance with this Ordinance and shall file sufficient copies of the map and the completed application with the County Clerk at least 10 days prior to the meeting of the Planning and Zoning Committee at which action is desired. The Planning and Zoning Committee may for good reason, such reason being set forth in the minutes of the meeting concerned, accept for review and approval certified survey maps that consist of a single parcel. Exception: Section 3.7 Minor land Division, does not apply to the division of one or two parcels of the same tax parcel identification number, which are greater than one acre but less than five acres, in a five year period, or the conveyance of non-contiguous acreage. Any parcel which is conveyed to and adjoining land owner, government agency or public utility is not considered a division A Pre-Application Staff Conference similar to the consultation required in Section 3.1 of this Ordinance is recommended The County Clerk shall, within two normal working days after filing, transmit the copies of the map and letter of application to the County Planning and Zoning Committee The County Planning and Zoning Committee shall transmit a copy of the map to all affected County Committees for their review and recommendations concerning matters within their jurisdiction. Their recommendations shall be transmitted to the County Planning and Zoning Committee within 20 days from the date the map is received. The map shall be reviewed by the Planning and Zoning Committee for conformance to this Ordinance, and all other ordinances, rules, regulations, and comprehensive plans and components thereof as may be applicable The County Planning and Zoning Committee shall approve, approve conditionally and thereby require resubmission of a corrected map, 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 forwarded to the subdivider. If the map is approved, the County Planning and Zoning Committee shall cause the County Clerk to so certify on the face of the original map Recordation. After the certified survey map has been approved by the County Planning and Zoning Committee, the County Clerk shall cause the certification inscribed upon the map attesting to such approval to be duly executed and the map returned to the subdivider for recording with the County Register of Deeds. The Register of Deeds shall not record the map unless it is offered for recording within 30 days after the date of the last approval and within 12 months after the first approval. Chapter 11 Subdivision Ordinance 14 Amendment April 17, 2018

27 Copies. The subdivider shall file 10 copies of the recorded certified survey map with the County Clerk. The Clerk shall distribute copies of the map to the County Planning and Zoning Administrator, County Planner, Building Inspector, Assessor, Land Information Officer, and other affected County officials for their files REPLATS A. When it is proposed to replat a recorded subdivision, or part thereof, so as to change the boundaries or a recorded subdivision, or part thereof, the subdivider or person desiring to replat shall vacate or alter the recorded Plat as provided in Sections through , Wisconsin Statutes. The subdivider, or person desiring to replat, shall then proceed as specified in Section 3.1 through 3.6 of this Ordinance The County Planning and Zoning Administrator shall schedule a public hearing before the County Planning and Zoning Committee when a Preliminary Plat of a replat of lands within the County's jurisdiction 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. Authority to amend an existing Certified Survey Map may be granted to the original preparer by the County Planning and Zoning Administrator The Subdivider shall furnish the names of all property owners within 200 feet of the exterior boundaries of the proposed replat to the county Planning and Zoning Administrator. Such names shall be obtained from the approved County tax roll CONDOMINIUM PLATS A condominium plat prepared by a land surveyor registered in Wisconsin is required for all condominium plats or any amendments or expansions thereof. Such plat shall comply in all respects with the requirements of Section of the Wisconsin Statutes and shall be reviewed and approved or denied in the same manner as a subdivision plat as set forth in Sections 3.1 through 3.6 of this Ordinance. Such plat shall comply with the design standards, improvements, and all other requirements of this Ordinance that would otherwise apply to subdivision plats, including, but not limited to, those set forth in Sections 7.0 and 8.0 of this Ordinance. Chapter 11 Subdivision Ordinance 15 Amendment April 17, 2018

28 4.0 PRELIMINARY PLAT 4.1. GENERAL A preliminary Plat shall be required for all subdivisions and condominiums and shall be based upon a survey by a registered land surveyor and the plat prepared on reproducible material at a scale of not more than 100 feet to the inch and shall show correctly on its face the following information: Title or Name under which the proposed subdivision is to be recorded Legal Description and General Location of proposed subdivision and relative location to a nearby municipality Date, Graphic Scale and North Arrow Names and Addresses of the owner, subdivider and land surveyor preparing the plat The 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 County Planning and Zoning Committee may waive this requirement where it is unnecessary to fulfill the purposes and intent of this Ordinance and undue hardship would result from strict application thereof SITE ANALYSIS INFORMATION-RESERVED 4.3. PLAT DATA All Preliminary Plats shall show the following: Length and Bearing of the exterior boundaries of the proposed subdivision referenced to two corners established in the U.S. Public Land Survey and the total acreage encompassed thereby. The length of lines shall be given to the nearest 0.01 foot and bearings to the nearest one second of an arc. The arc length, chord length, radius length, and bearing shall be given for all curved lines Contours at vertical intervals of not more than 2 feet where the slope of the ground surface is less than 12 percent and of not more than 5 feet where the slope of the ground surface is 12 percent or more. Elevations shall be marked on such contours referenced to the North American Vertical Datum (NAVD) of 1988 or where in the judgment of the County Planning and Zoning Committee undue hardship would result because of the remoteness of the parcel from a mean sea level reference elevation, another datum may be used Boundaries of the 100-year recurrence interval floodplain and related regulatory stages, as determined by the Federal Emergency Management Agency. Where such data are not available, the floodplain boundaries and related stages shall be determined by a registered professional engineer retained by the subdivider and the engineer s report providing the required data shall be submitted with the plat for review and approval by the County Planning and Zoning Administrator. Chapter 11 Subdivision Ordinance 16 Amendment April 17, 2018

29 Location and Water Elevations at the date of the survey, of adjoining lakes, ponds, rivers, creeks, streams, and drainage ditches at the edge of the survey and within 200 feet of the exterior boundaries of the plat, approximate high and low water elevation, and the ordinary high water mark, all referenced to NAVD Lake and Stream Meander Lines proposed to be established Location, Right-of-Way Width and Names of all existing and proposed streets, highways, alleys or other public ways, pedestrian and bicycle ways, vision corner easements and other easements, active and abandoned railroad rights-of way, and utility rights-of-way and all section and quarter section lines within the exterior boundaries of the plat, or immediately adjacent thereto Location and Names of Any Adjacent Subdivisions, parks, schools and cemeteries, public lands, and water courses, including impoundments, and owners of record of abutting unplated lands 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 centerline elevations, all referenced to NAVD Location, Size and Invert Elevation of any existing sanitary or storm sewers, culverts and drainpipes, the location of manholes, catch basins, hydrants, power and telephone poles, electric and communication facilities whether overhead or underground, and the location and size of any existing water and gas mains within the exterior boundaries of the plat 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. All elevations shall be referenced to NAVD Location of All Existing Property Boundary Lines structures, drives, streams and watercourses, marshes, rock outcrops, wooded areas, railroad tracks and other similar significant features within the tract being subdivided or immediately adjacent thereto Approximate Dimensions of All Lots, the minimum lot size required by the district in which the plat is located and the proposed lot and block numbers Location and Approximate Dimensions, and Area to be reserved or dedicated for parks, playgrounds, drainage ways or other public use Location and Approximate Dimensions, and Area of any sites which are to be used for group housing, shopping centers, church sites, or other nonpublic uses not requiring lotting Location and Approximate Dimensions, and Area of any proposed common areas or facilities Approximate Radii of All Curves Chapter 11 Subdivision Ordinance 17 Amendment April 17, 2018

30 All Existing Structures, together with an identification of the type of structure, such as residence, garage, barn, or shed; the distances of such structures from existing and proposed property lines, wells, watercourses, and drainage ditches; and existing property boundary lines in the area adjacent to the exterior boundaries of the proposed plat and within 100 feet thereof. The proposed use of existing structures to be retained shall be noted. All wells within the exterior boundaries of the plat, and within 50 feet of the exterior boundaries of the plat, shall be shown Existing Zoning and Proposed Use on the adjacent to the proposed subdivision Location of all civil division boundary lines, and U.S. Public Land Survey system section and quarter section lines within the plat and with 100 feet of the exterior boundaries of the plat Any Proposed Lake and Stream Access, and the width of the proposed access with a small drawing clearly indicating the location of the proposed subdivision in relation to the access Any Proposed Lake and Stream improvement or relocation and proposed filling, grading, lagooning and dredging and the notice of application for Division of Resource Development, Department of Natural Resources approval when applicable Land Characteristics including seasonally wet areas, and slopes over 12 percent Building or Setback Lines which are proposed to be more restrictive than the regulations of the zoning district in which the plat is located The Approximate Location of any existing onsite sewage treatment and disposal facilities Any Additional Information requested by the Planning and Zoning Committee STREET PLANS AND PROFILES The subdivider shall 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 by the County Planning and Zoning Administrator and all, plans and profiles shall meet the approval of same Administrator. All elevations shall be based upon NAVD TESTING Planning and Zoning Administrator The Planning and Zoning Committee upon recommendation of the County Planning and Zoning Administrator, may, in order to determine the suitability of specific areas for the construction of buildings and supporting roadways, require that soil borings and tests be made to ascertain subsurface soil conditions and depths to bedrock and to the groundwater table. The number of such borings and Chapter 11 Subdivision Ordinance 18 Amendment April 17, 2018