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- 6 - <br /> IV. Procedure for Review by Approving Authorities <br /> A. Approving authorities have 90 days (used to be 40) to conditionally <br /> approve or reject preliminary plat; 236. 11(1)(a) and 60 days to <br /> reject final plat, 236. 11(2) . <br /> B. Rejection must be in writing stating reasons and if not timely, the <br /> plat is deemed approved. <br /> C. Mere tabling of preliminary plat within specified time period was not <br /> sufficient and the plat was deemed approved notwithstanding alleged <br /> non-conformity to official map. State ex rel. Lozloff v. Board of <br /> Trustees, Id. <br /> D. Failure of city council to reject final plat within 60 days deemed <br /> approval, but did not authorize use of subdivided land contrary to <br /> existing zoning or other pertinent ordinances. State ex rel. Callan <br /> v. Barg (1958), 3 Wis. 2d 488, 89 N.W. 2d 267. <br /> E. Town Board rejection of a plat where it acted in excess of its <br /> powers, i.e. , plat did not conflict with existing written ordinance, <br /> master plan, or official map was invalid and plat was deemed <br /> approved. Town had no zoning. State ex rel. Columbia Corp. v. Town <br /> Bd. of Town of Pacific (App. 1979) 92 Wis. 2d 767, 286 N.W. 2d 130. <br /> V. Local Subdivision Regulations under Sec. 236.45 <br /> A. Sec. 236.45(2) authorizes cities, villages, towns and counties to <br /> adopt subdivision regulations which may include a more restrictive <br /> definition of what constitutes a subdivision, and may provide other <br /> surveying, monumenting, mapping, and approving requirements for such <br /> division. May also prohibit the division of land to carry out the <br /> purposes of sec. 236.45(1) . <br /> B. Munic. subdivision regulations may apply extraterritorially, sec. <br /> 236.45(3). <br /> C. Procedure for adoption in 236.45(4) requires recommendations by <br /> planning agency and adoption by governing body after public hearing <br /> with class 2 notice. Approval of individual plats does not require a <br /> public hearing. <br /> D. Subdivision requiring subdivider to pay $200 per lot in lieu of <br /> dedication of land for school, park or recreation needs where <br /> dedication of land not feasible is proper under power granted by <br /> 236.45 to local government to legislate more intensively in the field <br /> of subdivision control than the legislature had provided for the <br /> state at large. Jordan v. Village of Menomonee Falls (1965) 28 Wis. <br /> 2d 608, 137 N.W. 2d 442. Imposition of fees for school land and for <br /> land in lieu- of actual dedication upheld as reasonable condition for <br /> rezoning from general business to residential planned development <br /> district. Black v. City of Waukesha (App. 1985) 125 Wis. 2d 254. <br /> E. A broad area of discretion is reserved to city under 236.45 in <br /> implementing subdivision control if ordinance is not contrary to <br /> legislative standards. Hence city could grant a variance from its <br /> subdivision ordinance to accommodate a "cluster subdivision." City <br /> of Mequon v. Lake Estates Co. (1971) 52 Wis. 2d 765, 190 N.W. 2d 912. <br />