City of New Berlin, WI Administration

Applications under this chapter must be initiated by all the owners of the property or properties that are the subject of the application.

The applicant shall designate and provide contact information for a registered land surveyor, professional engineer, or other qualified professional to act as the primary contact for the applicant.

Preliminary certified survey maps for land divisions that do not meet the definition of a subdivision per § 236.02, Wis. Stats., and do not include proposals for new public improvements may be filed by the owner(s) or his designated agent.

Form of application. Applications required under this chapter shall be submitted in a form and in such numbers as required by the Director of Community Development.

Application filing fees.

Subdivision fees.

All persons, firms, or corporations filing a preliminary or final plat as part of this chapter shall pay a fee for such submittals to the Director of Finance and Administration to help defray the cost of administration, investigation, display, and processing of permits and variances.

A schedule of appropriate fees shall be on file with the City Clerk.

These fees do not include and are in addition to permit fees established by the City building, plumbing or electric codes, public site and open space fees, and any impact fees as authorized by state law.

Fees nonrefundable. Subdivision fees are nonrefundable. A request for a partial refund shall be made by applicants who provide written notification to the Director of the Department of Community Development (DCD) of a withdrawal of an application prior to initial consideration by any decision-making body.

Determination of application completeness.

The Department of Community Development shall make a determination of application completeness within two working days of application filing in the City Clerk's office based upon the requirements of § 236.20, Wis. Stats., and the requirements of the Wisconsin Platting Manual.

If an application is determined by the City to be complete, the application shall be processed. Applications are not considered filed until after the determination of completeness.

If an application is determined to be incomplete, the City Clerk shall notify the applicant of the application's deficiencies and all materials and all moneys returned. No processing of the application shall occur until all of the deficiencies are corrected.

Changes to the application.

No changes to the development application or any accompanying plans or information shall be permitted after a complete submittal is made, except for any changes or additional information identified by the City as necessary for compliance with this chapter or desirable in the opinion of the Director of Community Development.

Any changes or revisions to the application other than those requested by staff shall require a new application to be submitted. The submittal of the new application shall void all previous applications and applicable deadlines in this chapter and in Chapter 236, Wisconsin Statutes.

Burden of proof or persuasion. The applicant shall bear the burden of demonstrating that an application complies with relevant review and approval criteria. The burden is not on the City or other parties to show that the criteria have not been met.

Conditions of approval. In approving any plat, development, or CSM, the decision-making body shall be authorized under § 236.13, Wis. Stats., to impose such conditions upon the premises benefited by the approval as may be necessary to reduce or minimize any potential adverse impact upon other property in the area, or to carry out the general purpose and intent of the City of New Berlin Comprehensive Plan, this chapter, and any other City ordinances. However, the condition must relate to a situation created or aggravated by the proposed plat, development, or CSM and be roughly proportional to its impact.

Findings of fact. Final decisions of all review and decision-making bodies shall be accompanied by written findings of fact based upon the applicable standards and criteria. The findings shall be filed with the City Clerk. In the event of denial, the written findings shall specify the provisions of the City's adopted regulations that the proposal failed to satisfy.

Processing cycles. The Director of the DCD shall be responsible for establishing timetables for reviewing each type of development application under this chapter. Processing timetables will be advisory, and failure to meet processing goals will not result in deemed approvals. Timetables may be revised from time to time and may include:

Dates of regular meetings of review bodies and decision-makers;

Deadlines for receipt of a complete application for consideration of such application at a particular meeting; and

Schedule and routing of staff and external agency reviews.

§ 235-15 General subdivision procedure.

All subdivision applications are subject to the eighteen-step review procedure set forth in the table below. Each step is discussed in Subsections A through O below.

Subdivision Review Process
	Task	Scheduling
Step 1	Pre-application conference
Step 2	Pre-application voluntary sketch plan overlay submission/application completeness determination	Completeness determination by DCD staff within 2 days of filing. 45-day review process begins only when the application is determined to be complete
Step 3	Staff review/report on pre-application	Prior to the Plan Commission meeting
Step 4	Plan Commission recommendation on pre-application sketch plan
Step 5	Preliminary plat submission/application completeness determination	Completeness determination by DCD staff within two days of filing. 90-day review process begins only when the application is determined to be complete
Step 6	Staff review and report	Prior to the Plan Commission meeting
Step 7	Plan Commission recommendation on preliminary plat	Prior to final action by Common Council
Step 8	Common Council action on preliminary plat	Within 90 days of Step 5 completeness determination (see Note 1 below)
Step 9	Infrastructure design/plat compliance review	Review and approval by DCD staff within approximately 90 days of plan submission (see Note 2 below)
Step 10	Filing of a development agreement and staff review and recommendation of the development agreement	Staff review and recommendation to the Board of Public Works within 60 days of submittal (see Note 2 below)
Step 11	Board of Public Works review and recommendation on development agreement	Prior to final action by Common Council (see Note 2 below)
Step 12	Common Council action on development agreement	Next available Common Council meeting after BPW approval
Step 13	Construction and approval of improvements, if required, as part of the development agreement	Prior to filing of final plat
Step 14	Final plat submission/application completeness determination	Final plat must be filed within 24 months (see Note 3 below) of approval of preliminary plat. Completeness determination by DCD staff within 2 days of filing
Step 15	Staff review and report	Prior to the Plan Commission meeting
Step 16	Plan Commission review and recommendation on final plat	Prior to final action by Common Council
Step 17	Common Council action on final plat	Within 60 days of Step 14 completeness determination
Step 18	Post-development acceptance and inspection

NOTES:
¹	The ninety-day deadline in Step 5 and sixty-day deadline in Step 17 are set forth in Chapter 236, Wisconsin Statutes. Failure by the City to act within said deadlines, without an extension granted by the applicant, shall constitute an approval of the subject plat.
²	All deadlines for Steps 6, 7, and 8 in this table shall be internal deadlines for the City and failure to act or make recommendations within the time allotted shall not constitute an approval or denial on behalf of the reviewing body.
³	The City may refuse to approve a final plat if the applicant fails to submit the final plat within 24 months of the final approval of the preliminary plat per Chapter 236, Wisconsin Statutes.

Step 1: Pre-application conference. The applicant is very strongly advised to meet with staff for a pre-application conference a minimum of 45 days prior to submission of a preliminary plat in order to obtain advice and assistance. This consultation is neither formal nor mandatory, but is intended to inform the applicant of the purpose and objectives of these regulations, the adopted comprehensive plans or plan components, and duly adopted plan implementation ordinances of the City, and to otherwise assist the applicant in planning his or her development. This conference also provides an opportunity for the applicant and the staff to discuss the review process schedule and submittal requirements, the scope of the project, and compliance with this chapter. In addition, it provides the opportunity for staff to impress upon applicants the very great importance of submitting a voluntary sketch plan to ensure that the layout is on the right track before costly engineering drawings are prepared for the preliminary plat. Staff opinions presented during pre-application meetings are informational only and do not represent a commitment on behalf of the City regarding the acceptability of the development proposal.

Step 2: Voluntary sketch plan and site visit. This part of the optional pre-application stage is perhaps the most critical of the entire subdivision design and review process, because it enables the applicant, staff, and City officials to work together to fully understand the site and its potential for carefully designing full-density development around a potential open space network. It is at this stage that the very important site visit occurs, to ensure that the features mapped on the existing resources and site analysis plan have been designed around and protected. (The site visit is an official meeting of the Plan Commission, and staff, advertised and noticed in the normal manner, and is essentially an informal outdoor workshop at which no decisions are taken.) If parkland and/or public trails are identified on the map to be dedicated, a representative from the Facilities and Grounds Department may be involved in the site visit where applicable.

After preparing the existing resources and site analysis map, applicants shall arrange for a site inspection of the property by Department of Community Development staff, members of the City Plan Commission, the applicant and the applicant's design team. The design team shall include a registered landscape architect or a physical planner experienced in designing conservation subdivisions, in addition to the usual engineering and/or surveying professionals.

The applicant shall distribute copies of the existing resources and site analysis map at this meeting. Members of Common Council shall also be invited to attend on an informal basis, as shall the original landowner and the abutters.

The purpose of the site visit is to familiarize everyone involved in the subdivision proposal with the property's existing conditions and special features, to identify potential site design issues, and to provide an informal opportunity to discuss site design concepts, including the general layout of designated conservation areas (if applicable), and potential locations for proposed buildings and street alignments. Comments made by officials or staff and consultants shall be interpreted as being only informal and suggestive. It shall be understood by all parties that no formal recommendations can be offered and no official decisions can be made at the site visit, which is essentially an outdoor workshop session.

Following the site inspection and prior to the submission of a diagrammatic sketch plan overlay sheet for official review, the applicant shall meet with City officials and staff to discuss the findings of the site visit and to develop a mutual understanding on the general approach for subdividing and/or developing the tract in accordance with the four-step design procedure described in this chapter. The site visit may include an informal design session at which time the applicant's design team works together to rough out a very conceptual sketch based on input received from all those attending the site visit. It shall be understood by all parties that no formal recommendations can be offered and no official decisions can be made during this informal design discussion, which is essentially a workshop session. At the applicant's discretion, the results of this "mini-charrette" may form the basis for the sketch plan overlay sheet that would be submitted to staff for review during the next step of this process.

Step 3: Staff review and report on the pre-application. This report, which shall include written findings and recommendations on the merits and shortcomings of the proposed layout, and which shall itemize modifications needed to bring the submission into conformance with the City's ordinance requirements, shall take the form of an informal letter of guidance to the Plan Commission.

Step 4: Plan Commission recommendation on the pre-application sketch plan overlay sheet. The Plan Commission shall hold a public meeting to review and to endorse, conditionally endorse, or decline to endorse such plan. Sketch plans may proceed to the next stage (preliminary plat) without such endorsement.

Step 5: Preliminary plat submission/application completeness determination.

The purpose of the preliminary plat or CSM is to show all of the facts that may enable the Plan Commission to determine whether the proposed layout of the land and improvements are satisfactory from the standpoint of the public interest.

The preliminary plat or CSM shall be clearly and legibly drawn and shall include all information and supporting materials as specified in the WI Platting Manual.

The applicant shall prepare and file the preliminary plat with the City Clerk. The City Clerk will require additional copies of the preliminary plat according to Chapter 236, Wisconsin Statutes; Chapter TRANS 233, Wisconsin Administrative Code; and the Waukesha County Department of Parks and Land Use, as well as forms and fees.

All complete subdivision applications shall be submitted to staff a minimum of 45 days prior to the next regularly scheduled Plan Commission meeting at which the application will be reviewed.

(5)

Upon the determination that the application is complete in accordance with § 235-14D, the application shall be distributed as follows:

Within two days of the submission of the preliminary plat, the City Clerk shall distribute copies of the preliminary plat to the Department of Community Development and all state and county agencies in accordance with § 236.12, Wis. Stats.

Department of Community Development staff shall distribute copies of the preliminary plat to all appropriate City agencies.

(6)

Applicants who have elected not to participate in the optional pre-application process may be required by the Plan Commission to submit an existing resources site analysis plan, sketch plan overlay sheet and a site context map, and also to attend a site visit, as part of the preliminary plat stage, so that the Plan Commission may have all the pertinent information necessary to render an informed decision on the preliminary plat application.

Step 6: Staff review and report. Prior to the Plan Commission meeting where the completed application and plat are scheduled for review, staff shall review the development application and prepare a staff report.

Step 7: Plan Commission recommendation on preliminary plat.

Procedure.

Prior to the final action of the Common Council, the Plan Commission shall review a completed application and recommend approval, conditional approval, or rejection of the plat or CSM, based on the approval criteria set forth in Subsection G(2) below.

The Plan Commission shall notify the Common Council of any recommendation at the next regularly scheduled meeting.

If the Plan Commission rejects the preliminary plat or CSM, the reasons for disapproval shall be set forth in its records. The City Clerk shall notify the applicant in writing of the action of the Plan Commission.

Approval criteria. The Plan Commission shall make its decision on the preliminary plat based on the following approval criteria:

The preliminary plat meets all requirements of Chapter 236, Wisconsin Statutes.

The preliminary plat meets the requirements of all applicable plans, ordinances, and standards of the City of New Berlin, including but not limited to this chapter, Chapter 275, Zoning; the City of New Berlin Comprehensive Plan, and the City of New Berlin Developer's Handbook. The Development Handbook is the City of New Berlin's Infrastructure and Design Standards. This document is approved by the Board of Public Works and sets forth the policies for both public and private infrastructure and construction standards. Any waivers or modifications to this document shall be incorporated as part of a DCD application and approved by the DCD and/or the Plan Commission/Community Development Authority.

Where public sewer service is not available, adequate lot sizes and elevations shall be provided for private, on-site sewage systems and all lots shall meet soil requirements as set forth in applicable state statutes and county ordinances.

All rules of the Wisconsin Department of Transportation relating to the provisions for safety of entrance upon and departure from the abutting state trunk highways or connecting highways and for the preservation of the public interest and investment in such highways.

All rules of the Waukesha County Department of Transportation relating to the provision for the safety of entrance upon and departure from the abutting county trunk highways and for the preservation of the public interest and investment in such highways.

Step 8: Common Council action on preliminary plat.

Within 90 days from the date that a submitted application is certified as complete pursuant to Subsection E, the Common Council shall act on the plat and instruct the City Clerk of its approval or rejection. The City Clerk shall communicate to the owner the action of the Common Council.

The Common Council shall base its approval on those provisions outlined in Subsection E(2).

Approval of a preliminary plat shall not be an acceptance by the City or public of the dedication of any street, highway or other public way shown on the plat.

If the Council fails to act within 90 days from the date the preliminary plat action is certified as complete, the preliminary plat shall be considered approved per Chapter 236, Wisconsin Statutes.

Step 9: Infrastructure design/plat compliance review.

No construction shall begin or improvements made until after obtaining written approval of a preliminary plat from the Common Council and all construction plans have been reviewed and approved by the Department of Community Development. Applicant may coordinate with the Director on a draft of the development agreement prior to approval of the preliminary plat.

Design documents and planning documents shall be provided for all improvements outlined in Article IV.

All improvements shall be designed equal or better than those standards of quality set forth in specifications on file in the Department of Community Development.

The decision of the Director shall be final; however, the Director may seek recommendation from the Board of Public Works where necessary.

Step 10: Filing of development agreement and staff review and recommendation of the development agreement.

Upon approval of the infrastructure design and plat compliance, the applicant shall work with staff in drafting a development agreement. This agreement shall include:

Refer to Subsection J(3) of this section for information regarding development agreements.

Homeowners' association documents and maintenance agreements.

Agreements regarding the proposed construction of improvements or any financial guaranties for proposed improvements per § 235-16.

Standards and requirements for the proposed improvements.

Any additional information as required by the Department of Community Development, Director, or other applicable departments.

The Director shall review the draft development agreement and shall make a recommendation to the Board of Public Works.

Development agreements.

Purpose. Development agreements are intended to provide the City with the public infrastructure and amenities necessary to serve the proposed land use (development) and that they will be provided for according to an agreed-upon schedule and at a level of quality consistent with current City standards adopted by the Board of Public Works. Public benefits arising from a development agreement may include, but are not limited to, provision of public facilities such as streets, sewerage, parks/open space, transportation, schools, drainage, stormwater facilities, and utility facilities. The establishment of vested rights through use of a development agreement can thereby ensure reasonable certainty, ensure stability and fairness in the land development approval process, secure the reasonable investment-backed expectations of landowners, provide for a more efficient use of resources, and foster cooperation between the public and private sectors in the area of land use planning. Accordingly, these provisions establish uniform procedures and standards for the preparation, review, and adoption of development agreements.

Applicability. Development agreements may be required for any project in any district subject to the requirements, standards, and approval procedures set forth in this section.

Eligible parties. The City may enter into a development agreement with any person having a legal or equitable interest in real property for the development of that property. The subject property shall be located within the incorporated boundaries of the City of New Berlin.

Consolidation with rezoning, subdivision or planned development approval. The applicant may consolidate an application for development agreement approval with an application for a rezoning, subdivision or planned unit development approval. Such consolidated application shall be submitted in a form that satisfies both the rezoning, subdivision or planned unit development requirements of this chapter and/or Chapter 275, Zoning, and also the provisions, including submittal requirements, governing development agreements. The time frame and approval process for a consolidated application shall follow the time frame and approval process set forth in this section.

Procedures for approval of a development agreement. Applications for approval of a development agreement shall follow the standard development approval process set forth in Article III of Chapter 275, Zoning, except for the following modifications:

Board of Public Works (BPW) action.

[a]

The Board of Public Works shall hold public meetings and make a recommendation to the Common Council to approve, approve with conditions, or deny the development agreement based on its compliance with the standards set forth below.

[b]

If the Board of Public Works recommends approval of a development agreement with conditions, the applicant shall, before proceeding to Step 14, resubmit to the BPW a signed revised development agreement that reflects any changes or modifications required or suggested by the BPW in its initial review. Within 60 days of receipt of the revised development agreement, the BPW shall complete its review and take action by recommending to the Common Council that the application and development agreement as revised either be approved with the prior conditions in place or denied.

Common Council action. The Common Council shall initiate action by holding public meetings to review and make recommendations on the development agreement based on Board of Public Works recommendation(s).

(f)

Standards for review. The Board of Public Works and the Common Council shall review development agreement applications and evaluate them to determine their compliance with the following standards:

The development agreement shall be consistent with the purposes and intent of this chapter and with the policies, goals, and objectives of the City of New Berlin Comprehensive Plan and any other applicable community plans.

The development agreement complies with the use regulations as set forth in Article V of Chapter 275, Zoning.

[3]

The development agreement complies with all applicable development standards set forth in Article VIII of Chapter 275, Zoning, and the City of New Berlin Developer's Agreement except to the extent modifications, variances, or waivers have been expressly allowed by the Board of Public Works.

[4]

The financial benefits of the development to the City outweigh its costs.

[5]

The development agreement and developer provide adequate financial and other assurances to the City that the development will go forward as planned and/or as required.

[6]

The development/agreement complies with all applicable federal, state, or local development regulations, standards, and requirements or plans, including but not limited to wetlands, City of New Berlin Water Resource Management Standards, water quality, and wastewater regulations.

(g)

Effect of approval.

Recordation required. No later than 10 days after the City and developer execute a stormwater maintenance and development agreement, the developer shall record with the Waukesha County Register of Deeds a copy of the agreements, which shall describe the land subject thereto, at the developer's expense. Any modification or subsequent termination or cancellation of the agreement shall be recorded by the developer no later than 10 days after such action.

Binding on successors in interest. The burdens of the development agreement shall be binding upon, and the benefits of the agreement shall inure to, all successors in interest to the parties of the development agreement.

(h)

Governing ordinances, rules, regulations, and official policies (vesting of property rights).

Prevailing at the time of execution. Unless otherwise provided by the development agreement, the ordinances, rules, regulations, and official policies applicable to development of the subject property and governing permitted uses of the land, density, and design, improvement, and construction standards and specifications shall be those ordinances, rules, regulations, and official policies in force at the time of execution of the agreement.

Subsequently enacted regulations; general rule and exceptions.

[a]

General rule. Ordinances, rules, regulations, and official policies that govern permitted uses of the land, density, and design, improvement, and construction standards and specifications, and that are enacted subsequent to execution of the development agreement, shall not be enforced against the subject property.

[b]

Exceptions. Notwithstanding Subsection J(3)(h)[2][a] above, a development agreement shall not prevent the City, in subsequent actions, from applying any of the following to the subject property:

[i]

New ordinances, rules, regulations, and policies that do not conflict with those rules, regulations, and policies applicable to the subject property as set forth in the development agreement;

[ii]

New ordinances, rules, regulations, and policies that are specifically anticipated and provided for in the development agreement;

[iii]

New ordinances, rules, regulations, and policies that are necessary to address a significant and immediate threat to the public health, safety, and welfare; or

[iv]

New ordinances, rules, regulations, and policies when the City finds that the development agreement is based on substantially inaccurate information supplied by the developer.

(i)

Applications. Applications for development agreements shall be submitted to the permit application center (PAC), upon such forms and fees as approved, and shall contain all information and supporting materials as specified by the Director of Community Development or his/her designee.

(j)

Development agreement as legislative act. Approval of a development agreement shall require a majority vote of the Common Council.

(k)

Periodic review. All development agreements may be reviewed by the Board of Public Works every two years, unless the agreement provides for more frequent reviews. At the review, the developer shall provide such information as may be required by the Board of Public Works to demonstrate good faith compliance with the terms of the development agreement. If the Board of Public Works determines that the agreement should be terminated or modified, the matter shall be referred to the Common Council for its determination.

(l)

Modification and termination.

Mutual consent. A development agreement may be canceled or modified by the mutual consent of the developer and the Department of Community Development acting through the Common Council.

Noncompliance by developer. The Common Council may terminate or modify a development agreement based upon evidence that the developer or successor in interest thereto has not complied with the terms or conditions of the agreement.

[3]

Change in applicable state or federal law. In the event that state or federal laws or regulations are enacted after execution of the development agreement and prevent or preclude compliance with one or more provisions of the development agreement, such provisions of the agreement shall be modified or suspended to the extent necessary to comply with such state or federal laws or regulations.

[4]

Procedure. The Common Council may modify or terminate a development/improvement agreement using the same legislative procedures for adopting the original development/improvement agreement.

(m)

Enforcement. Unless amended or terminated pursuant to this section, a development/improvement agreement shall be enforceable by any party thereto.

Step 11: Board of Public Works review and recommendation on development agreement. The Board of Public Works shall review the draft development agreement and make a recommendation to the Common Council. The minutes shall reflect all recommended modifications, changes, or conditions of approval or reasons for denial.

Step 12: Common Council action on development agreement. The Common Council shall review and approve or deny the development agreement.

Step 13: Construction and approval of improvements if required as part of the development agreement.

Construction.

Commencement of construction. Upon execution of the development agreement, the applicant may commence with the construction of improvements in accordance with said agreement.

Standards of improvements. All improvements shall be constructed equal to or better than those standards of quality set forth in specifications on file in the City Engineer's office.

Extension of time. If the construction of any improvements for which a financial guaranty has been secured has not been completed within the time frame provided for in the development agreement, the following may occur:

The developer may request an extension of time for construction; or

The City may use as much of the financial guaranty as necessary to construct the improvement.

Approvals of improvements.

Documentation of improvements. The applicant shall provide adequate documentation per the City standards on the location of the public improvements as defined in the development agreement.

Guarantee of materials and workmanship. Per § 236.13(2)(a)1, Wis. Stats., as a further condition of approval, the Common Council may require that the subdivider make and install any public improvements reasonably necessary or that the subdivider execute a surety or provide other security to ensure that he or she will make those improvements within a reasonable time. The Common Council may not require the subdivider to provide security at the commencement of a project in an amount that is more than 120% of the estimated total cost to complete the required public improvements. Refer to §§ 235-16 and 235-22.

Acceptance.

The Director or designee shall make a determination of the developer's compliance with the terms of the development agreement, City ordinances, and the City's Developer's Handbook.

The City of New Berlin holds the right to deny acceptance of any public improvements if the Director of the Department of Community Development finds that the public improvements have not been constructed per the approved plans, accepted City of New Berlin standards and practices, or accepted engineering practices.

[3]

The developer's engineer shall certify that all plans and specification prepared by the engineer meet the standards as described in the adopted Developer's Handbook. The developer's contractor shall also certify that all construction performed by the contractor has been installed according to plans and specification previously approved by the Department of Community Development.

[4]

The developer shall submit a letter to the Director, with lien waivers attached, for acceptance of improvements.

Step 14: Final plat submission/application completeness determination.

No final plat will be accepted as complete until the applicant provides adequate documentation that the required improvements have been completed.

The final plat or CSM shall be clearly and legibly drawn and shall include all components defined in Chapter 236, Wisconsin Statutes, and WI Platting Manual.

The applicant shall prepare and file the final plat with an application provided by the City with the City Clerk, and all applicable fees shall have been paid. The City Clerk shall require additional copies of the final plat according to Chapter 236, Wisconsin Statutes; Chapter TRANS 233, Wisconsin Administrative Code; and the Waukesha County Department of Parks and Land Use.

All final plats shall be submitted to staff a minimum of 45 days prior to the Common Council meeting at which the application will be reviewed.

(5)

An application will be considered complete if it is submitted in the required number and form, includes all mandatory information, and is accompanied by the applicable fees.

Step 15: Staff review and report. Prior to the Plan Commission meeting where the completed application and plat are scheduled for review, staff shall review the development application and prepare a staff report.

Step 16: Plan Commission review and recommendation on final plat.

Procedure.

The Plan Commission shall notify the Common Council of any recommendation at the next regularly scheduled meeting.

If the Plan Commission rejects the final plat or CSM, the reasons for disapproval shall be set forth in its records. The Department of Community Development shall notify the applicant in writing of the action of the Plan Commission.

Approval criteria. The Plan Commission shall make its decision on the final plat based on the following approval criteria:

Improvements have been completed or guaranteed to the satisfaction of the Director;

A development agreement has been approved and signed;

Substantial compliance with the preliminary plat;

Compliance with conditions of the preliminary plat approval;

Compliance with this chapter; and

(f)

Compliance with Chapter 236, Wisconsin Statutes.

Step 17: Common Council action on final plat.

The Common Council may refuse any final plat that has not been submitted within 24 months of the final approval of the preliminary plat.

The Common Council shall have 90 days from the date the final plat is certified as complete to approve or reject the final plat or CSM.

If the plat or CSM are satisfactory to the Council, it shall so certify in writing.

If the final plat or CSM is rejected, the Common Council shall specify the reasons in writing and return to the applicant.

Once the development agreement is recorded, the final plat is approved, all approval criteria are satisfied, and all applicable fees are paid, the City Clerk shall endorse the plat as specified in Chapter 236, Wisconsin Statutes, and return it to the applicant for recording purposes.

When a final plat of a subdivision has been approved by the City and all other required approvals are obtained and the plat is recorded, that approval shall constitute acceptance for the purpose designated on the plat of all lands shown on the plat as dedicated to the public, including street dedications.

Step 18: Post-development acceptance and inspection. No building permit shall be issued until the final plat has been approved and recorded and public improvements are installed, inspected, and accepted by the Department of Community Development, and all applicable requirements of the development agreement have been met.

§ 235-15.1 General certified survey map (CSM) procedure.

Step 1: The applicant for CSMs is very strongly advised to follow the pre-application and sketch plan procedures as described in Steps 1 through 4 of § 235-15A through D.

Step 2: CSM application.

A CSM of not more than four parcels of land consisting of lots or outlots may be used to divide land. CSMs may be used to divide land under either conventional subdivision or conservation subdivision regulations.

No CSM will be accepted until it is determined to be complete. An application will be considered complete if it is submitted in the required number and form, includes all mandatory information, and is accompanied by the applicable fees.

The CSM shall be clearly and legibly drawn and shall include all components defined in Chapter 236, Wisconsin Statutes.

Step 3: CSM staff review. Prior to the Plan Commission meeting where the CSM is scheduled for review, staff shall review the CSM and prepare a report.

Step 4: Plan Commission recommendation.

The Plan Commission shall recommend approval, conditional approval, or denial of the CSM based on the following criteria:

The CSM meets the requirements of all applicable plans, ordinances, and standards of the City of New Berlin, including but not limited to this chapter; Chapter 275, Zoning; the City of New Berlin's Master Plan; and the City of New Berlin Developer's Handbook;

The CSM meets all the requirements of Chapter 236, Wisconsin Statutes;

Where public sewer service is not available, adequate lot size and elevations shall be provided for private, on-site sewage systems, and all lots shall meet soil requirements as set forth in applicable state statutes and county ordinances;

All rules of the State Department of Transportation and Waukesha County Department of Transportation relating to the provisions for safety of entrance upon and departure from the abutting state trunk highways, connecting highways, or county trunk highways and for the preservation of the public interest and investment in such highways.

If the Plan Commission rejects the CSM, the reasons for rejection shall be set forth in its records.

The Department of Community Development shall notify the applicant in writing of the action of the Plan Commission.

The Plan Commission shall notify the Common Council of any recommendation at the next regularly scheduled meeting.

Step 5: Development agreements. If the purposes described in § 235-15J(3)(a) are applicable to a CSM, a development agreement is required. Applicant shall follow the steps outlined in § 235-15J(3) through § 235-15M, or as applicable.

Step 6: Common Council action.

Within 90 days of receiving a complete certified survey map application, the Common Council shall take action to approve, approve conditionally, or reject the certified survey map and shall state in writing any conditions of approval or reasons for denial, unless the time is extended by agreement with the applicant. Failure of the Common Council to act within the 90 days or any extension of that period constitutes an approval of the certified survey map and, upon demand, a certificate to that effect shall be made on the face of the map by the City Clerk.

The Common Council shall base its action on the criteria outlined in § 235-15.1D(1) and, if applicable, the Common Council has also approved a development agreement.

Step 7: The construction and approval of improvements, if required as part of a development agreement, shall be as described in § 235-15N.

Step 8: CSM issuance. A CSM shall not be signed by the City, unless:

All conditions of approval have been met;

If applicable, all improvements are constructed and accepted by the City in accordance with a development agreement; and

If applicable, all impact fees have been paid in accordance with § 235-34.

Step 9: Post-development acceptance and inspection. No building permit for any lot shall be issued until all of the following have occurred:

CSM has been approved and recorded.

Public improvements are installed.

The Director has inspected and determined that all public improvements are in compliance with the development agreement.

All other applicable requirements of the development agreement have been met.

§ 235-16 Improvement guaranties.

Financial securities required.

Improvements that are not constructed may be guaranteed by one of the following:

Posting a letter of credit or cash bond in the amount set forth in Subsection B. Cash bonds may be in the form of a cashier's check, bank draft, certified check, or bank money order.

Other financial securities as approved by the City Attorney, Department of Community Development or Common Council in the amount set forth in Subsection B.

In cases where the Council has authorized the development of a subdivision in phases, the Council may require that the financial guaranties required in this section be limited to an amount necessary to construct improvements in each area as developed.

Amount of security. The amount of security posted under this section shall equal 105% of the estimated costs of the public improvements as determined by the Director. The amount shall include all costs of engineering, legal services, advertisement, and collection.

Forfeiture of security.

The developer shall take all necessary action so as to have all public improvements of the project specified in the agreement installed and approved within two years following the date of commencing construction for each of the public improvements of the development.

After completing the required public improvements, the developer shall provide a complete accounting of expenditures to the City.

The surety may be reduced by the itemized amount of each of the utilities (sanitary system, water system, and storm drainage system), as the public improvements receive final acceptance by the City.

The surety for the public road system portion of the public improvements may be reduced to 20% of the construction costs of the public road system after the City issues preliminary acceptance. This shall serve as a maintenance surety to guarantee workmanship and materials of construction of the public road system for a period of two years after preliminary acceptance of the public road system.