§ 20-57. Final plat review.

The subdivider shall prepare a final plat and a letter of application in accordance with this article and shall file as many folded copies of the plat as per the county requirements with the county department of parks and land use or designee at least 30 days prior to the meeting of the town plan commission at which action is desired. The subdivider shall simultaneously submit copies of the plat to the town clerk-treasurer in an amount, manner, form and timeline as required by state law and the application procedures of the town. The statutory time limit shall commence with the later filing date stamp between the county and the town. In addition:

(1)

The county department of parks and land use, or designee, shall, within two normal work days after filing, transmit to the town clerk-treasurer one copy and all other required copies to appropriate regulatory approving and objecting agencies.

(2)

The town clerk-treasurer or designee shall transmit copies of the plat in an amount, manner, form and timeline as required by state law and the application procedures of the town, to the town plan commission, and one copy each to the following: building inspector, town supervisor not on plan commission, town engineer and fire department, for their review and recommendations concerning matters within their jurisdiction. The recommendations, if any, of town boards, commissions, and departments shall be transmitted to the town plan commission within 30 days from the date the plat is filed. The final plat shall then be reviewed by the town plan commission for conformance with this article and all ordinances, rules, regulations, comprehensive plans and comprehensive plan components.

(3)

The town clerk-treasurer or designee shall transmit copies of the plat to objecting authorities as may be required by state law. Their comments, if any, shall be transmitted to the town plan commission within 20 days from the date the plat is filed.

(4)

The town plan commission is designated as the recommending agency with respect to design and layout of the final plat pursuant to the provisions of article VI of this chapter and the town board is designated as the approving authority with respect to all sections of this article.

(5)

The state department of safety and professional services (DSPS), the Wisconsin Department of Transportation (WDOT), the Wisconsin Department of Natural Resources (WDNR), and the county department of transportation, shall be hereinafter referred to as objecting agencies. The southeastern state regional planning commission is an advisory planning agency created pursuant to Wis. Stats. § 66.0309 in part for the purpose of serving the town and its commissions; the county and its commissions, town board or commissions; and state agencies having jurisdiction under the provisions of this article.

(6)

The town 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 article and all ordinances, rules, regulations, adopted regional, county or town comprehensive plans and adopted components which may affect it; and shall recommend approval, conditional approval or rejection of the plat to the town board.

(7)

Partial platting. The approved preliminary plat may be final platted in phases with each phase encompassing only that portion of the approved preliminary plat which the subdivider proposes to record at one time; however, it is required that each such phase be final platted and be designated as a phase of the approved preliminary plat.

(8)

Upon approval of the final plat from the plan commission and town board and satisfaction of any conditions of approval, the subdivider may proceed with installation of subdivision improvements after review and recommendation of approval of the engineering plans by the town engineer and approval of the town board and approval of all other applicable agencies and submittal to the town of copies of all permits and letters of approval subject to the following. The subdivider shall, as per section 20-14, enter into a contract with the town agreeing to install the required improvements and shall file with said contract a letter of credit, cash or certified check meeting the approval of the town attorney in an amount equal to 120 percent of the estimated cost of the improvements, plus the estimated construction review fees, said estimate to be made by the town board upon the recommendation of the town engineer, as a guarantee that such improvements will be completed by the subdivider or his subcontractors not later than one year from the date of recording of the plat and as a further guarantee that all obligations to subcontractors for work on the development are satisfied. Alternatively, if the subdivider chooses to guarantee the work by a bond, the subdivider shall complete all work prior to obtaining final plat approval. If after the approval or conditional approval of the preliminary or final plat by the plan commission and town board, the subdivider creates a substantial change to the subdivision layout, the town shall require the re-submittal of a preliminary plat in conformance with section 20-55. A substantial change to the subdivision layout will have presumed to occur if the external boundaries of the subdivision plat are changed in any manner, or there is an increase in the number of lots by more than five percent, or there is a change in street configuration, or if a permitting agency denies a permit on which the plat depends. If the change is made at the request of the town, a substantial change shall not be presumed to occur.

(Ord. of 9-8-2017, § 12-4-4)