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Dane County Zoning and Natural Resources Committee November 7, 1998 Page 8 requirements and specifications for public improvements in a subdivision located in a town's jurisdiction. Rice permits only the governing body of the town or municipality within which the subdivision lies to condition plat approval on the installation of public improvements. The Village of Cambridge's no infrastructure" reason is actually an attempt to impose a requirement for public sewer and water, which, under Rice v. City of Oshkosh, the Village has no authority to require of plats within its extraterritorial plat approval jurisdiction. The Village simply cannot be permitted to do through the backdoor what it cannot do through the front door. Rice rejected the notion that it is good public policy to allow cities or villages to regulate the public improvements of extraterritorial plats. In Rice, it was held that only the town in which the subdivision lies may require public improvements because installing such improvements implicates the political and financial base of the area directly involved. 3. Access To Both Lots May Be Available. Based on discussions with Mr. Norb DeVries of the Wisconsin Department of Transportation, the existing private drive may be utilized as an access from U.S.H. 12 & 18 to both Lots resulting from the proposed rezoning. Mr. DeVries stated that approval of such access may be subject to specific conditions. A proposed (preliminary) Certified Survey Map was submitted to Mr. DeVries and is being reviewed for the purposes of determining whether such access is available. See Letter to Mr. Norb DeVries dated November 4, 1998, from Robert Johnson and Lane & Judith Taylor and accompanying enclosure (a copy of which (including enclosure) is enclosed herewith). We anticipate that Mr. DeVries will forward the results of such review in writing directly to the Zoning Committee on or before Tuesday, November 10, 1998. If for some reason Mr. DeVries' written communication is not received on or before Tuesday, November 10, 1998, we kindly request that the Zoning Committee postpone final action on the zoning petition until such time that such written communication is received. We are also submitting herewith a letter dated November 7, 1998, from the Town Chair of the Town of Christiana in support of the access from U.S.H. 12 & 18 to the subject parcels.