A.
Submission. Before submitting a final plat for approval,
the subdivider shall prepare a preliminary plat and a letter of application.
The subdivider shall submit 15 copies of the preliminary plat. The
preliminary plat shall be prepared in accordance with this chapter,
and the subdivider shall file copies of the plat and the application
as required by this section with the City Administrator at least 10
days prior to the meeting of the Plan Commission at which consideration
is desired. The City Administrator shall submit a copy of the preliminary
plat to the Plan Commission and to the City Engineer and City Attorney
for review and written report of their recommendations and reactions
to the proposed plat. An abstract of title or registered property
report may be requested at this time by the City Attorney for his/her
examination and report.
B.
Public improvements; plans and specifications. Simultaneously
with the filing of the preliminary plat, the owner shall file with
the City Administrator a report addressing sewer and water service
feasibility, drainage facilities and center line profiles showing
streets in the subdivision.
C.
Property owners' association; restrictive covenants.
A draft of the legal instruments and rules for proposed property owners'
associations, when the subdivider proposes that common property within
a subdivision would be either owned or maintained by such an organization
of property owners or a submit of the City pursuant to § 236.293,
Wis. Stats., and proposed deed restrictions or restrictive covenants
shall be submitted at the time of filing the preliminary plat with
the City Administrator.
D.
Affidavit. The surveyor preparing the preliminary
plat shall certify on the face of the plat that it is a correct representation
of all existing land divisions and features and that he/she has fully
complied with the provisions of this chapter.
E.
Supplementary data to be filed with preliminary plat.
The following shall also be filed with the preliminary plat:
(1)
Use statement. A statement of the proposed use of
lots stating type of residential buildings with number of proposed
dwelling units and types of business or industry so as to reveal the
effect of the development on traffic, fire hazards and congestion
of population; and
(2)
Zoning changes. If any zoning changes are contemplated,
the proposed zoning plan for the areas, including dimensions.
F.
Street plans and profiles. The subdivider shall provide
general street plans and profiles showing existing ground surface
and proposed and established street grades, including extensions for
a reasonable distance beyond the limits of the proposed subdivision
when requested.
G.
Soil testing. If requested by the City Engineer, the subdivider shall be required to provide a preliminary soils report listing the types of soil in the proposed subdivision, their effect on the subdivision and a proposed soil testing and investigation program. Pursuant to the public policy concerns prescribed in § 520-7, the City Council may require that borings and soundings be made in specified areas to ascertain subsurface soil, rock and water conditions, including depth to bedrock and depth to groundwater table, pursuant to § 520-13C.
H.
Drafting standards. The subdivider shall submit to
the City Administrator and to those agencies having the authority
to object to plats under provisions in Ch. 236, Wis. Stats., copies
of a preliminary plat (or certified survey) based upon an accurate
exterior boundary survey by a registered land surveyor which shall
show clearly the proposed subdivision at a scale of not more than
one inch per 100 feet, having two-foot contour intervals, shall identify
the improvements (grading, tree planting, paving, installation of
facilities and dedications of land) and easements which the subdivider
proposes to make and shall indicate by accompanying letter when the
improvements will be provided. Any proposed restrictive covenants
for the land involved shall be submitted.
A.
Referral to other agencies.[1]
(1)
The subdivider shall, within two days after filing
with the City, transmit four copies to the county planning agency,
two copies to the Department of Administration, and additional copies
to the Department of Administration for retransmission of two copies
each to the Wisconsin Department of Transportation, if the subdivision
abuts or adjoins a state trunk highway or a connecting street, and
the Wisconsin Department of Commerce, if the subdivision is not served
by the public sewer and provision for such service has not been made.
The county planning agency, the Wisconsin Department of Administration,
the Wisconsin Department of Transportation and the Wisconsin Department
of Commerce shall be hereinafter referred to as "objecting agencies."
The subdivider shall provide written verification to the City that
these submittals have been made.
(2)
The City Administrator shall also transmit two copies
of the preliminary plat to the City Plan Commission and additional
copies to utilities and all affected City committees, commissions
or departments for their review and recommendations concerning matters
within their jurisdiction. The recommendations of City committees,
commissions, and departments shall be transmitted to the City Plan
Commission within 30 days from the date the preliminary plat is filed.
The preliminary plat shall then be reviewed by the Plan Commission
for conformance with this chapter and all ordinances, rules, regulations,
comprehensive plans and comprehensive plan components, and neighborhood
plans.
B.
Objecting agency response. Within 20 days of the date of receiving the copies of the plat, any state or county agency having authority to object under Subsection A(1) above shall notify the subdivider and all approving or objecting authorities of any objection based upon failure of the plat to comply with the statutes or rules which its examination is authorized to cover, or, if all objections have been satisfied, it shall so certify on the face of a copy of the plat and return that copy to the approving authority from which it was received, except that the Wisconsin Department of Administration has 30 days in which to act. The plat shall not be approved or deemed approved until any objections have been satisfied. If the objecting agency fails to act within the twenty-day limit, or thirty-day limit in the case of the Wisconsin Department of Administration, it shall be deemed to have no objection to the plat.[2]
C.
Advisory Plan Commission review. After review of the
preliminary plat and negotiations with the subdivider on changes deemed
advisable and the kind and extent of public improvements which will
be required, the Plan Commission shall, within 60 days of the date
the plat was filed with the City Administrator, make a recommendation
to approve, approve conditionally or reject such plat and shall state,
in writing, any conditions of approval or reasons for rejection, unless
the time is extended by agreement with the subdivider. The Plan Commission
may obtain an extension of time from the subdivider by which the Plan
Commission must act on said plat (this procedure is recommended in
those cases where objections are made to the layout, design or similar
aspects of said preliminary plat and there is insufficient time in
which said corrections may be made by the subdivider and resubmitted
to the Plan Commission for action). The subdivider shall be notified
in writing of any conditions for approval or the reasons for rejection.
The recommendations of the Plan Commission shall be submitted to the
City Council for approval.[3]
D.
Council action. After receipt of the Plan Commission's
recommendations, the City Council shall, within 90 days of the date
the plat was filed with the City Administrator, approve, approve conditionally
or reject such plat and shall state, in writing, any conditions of
approval or reasons for rejection, unless the time is extended by
agreement with the subdivider. Failure of the City Council to act
within 90 days or extension thereof shall constitute an approval of
the preliminary plat, unless other authorized agencies object to the
plat. The City Administrator shall communicate to the subdivider the
action of the City Council. If the preliminary plat is approved, the
City Administrator shall endorse it for the City Council.
E.
Effect of preliminary plat 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
24 months of preliminary plat approval and conforms substantially
to the preliminary plat layout, the final plat shall be entitled to
approval. Conditional approval may be granted subject to satisfactory
compliance with pertinent provisions of this chapter and Ch. 236,
Wis. Stats. The preliminary plat shall be deemed an expression of
approval or conditional approval of the layout submitted as a guide
to the preparation of the final plat, which will be subject to further
consideration by the Plan Commission and City Council at the time
of its submission.[4]
F.
Preliminary plat amendment. Should the subdivider
desire to amend the preliminary plat as approved, he/she may resubmit
the amended plat which shall follow the same procedure, except for
the fee, unless the amendment is, in the opinion of the City Council,
of such scope as to constitute a new plat, in which such case it shall
be refiled.
A.
General. A preliminary plat shall be required for
all subdivisions and shall be based upon a survey by a registered
land surveyor and the plat prepared on Mylar or paper of good quality
at a scale of not more than 100 feet to the inch and shall show correctly
on its face the following information:
(1)
Title under which the proposed subdivision is to be
recorded, which name shall not duplicate or be alike in pronunciation
to the name of any plat heretofore recorded in the City unless considered
an addition to the subdivision.
(2)
Legal description/location of the proposed subdivision
by government lot, quarter section, township, range, county and state.
(3)
Date, scale and North point.
(4)
Names, telephone numbers, and addresses of the owner
and any agent having control of the land, engineer, subdivider, and
land surveyor preparing the plat.
(5)
The entire area contiguous to the proposed plat owned
or controlled by the subdivider may be required by the Plan Commission
and/or City Council to be included on the preliminary plat even though
only a portion of said area is proposed for immediate development.
Where a subdivider owns or controls adjacent lands in addition to
those proposed for development at that time, he/she shall submit a
concept plan for the development of the adjacent lands showing streets,
utilities, zoning districts, and other information as may affect the
review of the preliminary plat in question. The City Council, upon
the recommendation of the City Engineer, may waive these requirements
where adjacent development patterns have already been established
or where severe hardship would result from strict application thereof.
B.
Plat data. All preliminary plats shall show the following:
(1)
Exact length and bearing of the exterior boundaries
of the proposed subdivision referenced to a corner established in
the United States Public Land Survey and the total acreage encompassed
thereby.
(2)
Locations of all existing property boundary lines,
structures, drives, streams and watercourses, marshes, rock outcrops,
wooded areas, railroad tracks and other significant features within
the tract being subdivided or immediately adjacent thereto.
(3)
Location, right-of-way width and names of all existing
streets, alleys or other public ways, easements, railroad and utility
rights-of-way and all section and quarter section lines within the
exterior boundaries of the plat or immediately adjacent thereto.
(4)
Location and names of any adjacent subdivisions, parks
and cemeteries and owners of record of abutting unplatted lands.
(5)
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 center-line elevations.
(6)
Location, size and invert elevation of any existing
sanitary or storm sewers, culverts and drainpipes, the location of
manholes, catch basins, hydrants, and 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 or immediately adjacent thereto. If no sewers or water mains
are 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 the direction and distance from the tract, size and
invert elevations.
(7)
Corporate limit lines within the exterior boundaries
of the plat or immediately adjacent thereto.
(8)
Existing zoning on and adjacent to the proposed subdivision.
(9)
Contours within the exterior boundaries of the plat
and extending to the center line of adjacent public streets to National
Map Accuracy Standards based upon mean sea level datum at vertical
intervals of not more than two feet. At least two permanent bench
marks shall be located in the immediate vicinity of the plat; the
location of the bench marks shall be indicated on the plat, together
with their elevations referenced to mean sea level datum and the monumentation
of the bench marks clearly and completely described. Where, in the
judgment of the City Engineer, undue hardship would result because
of the remoteness of the parcel from a mean sea level reference elevation,
another datum may be used.
(10)
High-water elevation of all ponds, streams,
lakes, flowages and wetlands within the exterior boundaries of the
plat or located within 100 feet therefrom.
(11)
Water elevation of all ponds, streams, lakes,
flowages and wetlands within the exterior boundaries of the plat or
located within 100 feet therefrom at the date of the survey.
(12)
Floodland and shoreland boundaries and the contour
line lying a vertical distance of two feet above the elevation of
the one-hundred-year recurrence interval flood or, where such data
is not available, two feet above the elevation of the maximum flood
of record within the exterior boundaries of the plat or within 100
feet therefrom.
(13)
Location and results of percolation tests within
the exterior boundaries of the plat conducted in accordance with Ch.
Comm 85, Wis. Adm. Code, where the subdivision will not be served
by public sanitary sewer service.
(14)
Location, width and suggested names of all proposed
streets and public rights-of-way, such as alleys and easements; the
City Council shall have final approval authority over street names.
(15)
Approximate dimensions of all lots together
with proposed lot and block numbers. The area in square feet of each
lot shall be provided.
(16)
Location and approximate dimensions of any sites
to be reserved or dedicated for parks, playgrounds, drainageways or
other public use or which are to be used for group housing, shopping
centers, church sites or other nonpublic uses not requiring lotting.
(17)
Approximate radii of all curves.
(18)
Any proposed lake and stream access with a small
drawing clearly indicating the location of the proposed subdivision
in relation to access.
(20)
Soil tests and reports as may be required by
the City Engineer for the design of roadways, storm drainage facilities,
on-site sewage disposal systems, erosion control facilities, and/or
other subdivision improvements and features.
(22)
Design features.
(a)
Locations and widths of proposed alleys, pedestrianways
and utility easements.
(b)
Layout numbers and preliminary acreages and
dimensions of lots and blocks.
(c)
Minimum front, rear, side, and street yard building
setback lines.
(d)
Location and size of proposed sanitary sewer
lines and water mains.
(e)
Gradients of proposed streets and sewer lines
(and water mains, if required).
(f)
Areas, other than streets, alleys, pedestrianways
and utility easements, intended to be dedicated or reserved for public
use, including the size of such area or areas in acres.
(g)
Location and description of survey monuments.
(h)
An identification system for the consecutive
numbering of all blocks and lots within the subdivision.
(i)
Sites, if any, to be reserved for parks or other
public uses.
(j)
Sites, if any, for multifamily dwellings, shopping
centers, churches, industry or other nonpublic uses exclusive of single-family
dwellings.
(k)
Provisions for surface water management, including
both minor and major system components and detention/retention facilities,
including existing and post-development one-hundred-year flood elevations,
etc.
(l)
Potential resubdivision and use of excessively
deep (over 200 feet) or oversized lots must be indicated in a satisfactory
manner.
(m)
Any wetlands, floodplains, or environmentally
sensitive areas provided for by any local, state or federal law.
(23)
Where the City Council, City Engineer or Plan
Commission finds that it requires additional information relative
to a particular problem presented by a proposed development in order
to review the preliminary plat, it shall have the authority to request
in writing such information from the subdivider.
C.
Testing. The City Council, upon the recommendation
of the City Engineer, may require that borings and soundings be made
in specified areas to ascertain subsurface soil, rock and water conditions,
including depth to bedrock and depth to groundwater table. The City
does not guarantee, warrant, or represent that only those soils tested
and shown to be unsuited for specific uses are the only unsuited soils
within the City and thereby asserts that there is no liability on
the part of the City Council, its agencies, or employees for sanitation
problems or structural damages that may occur as a result of reliance
upon, and conformance with, this chapter. Where the subdivision will
not be served by public sanitary sewer service, the provisions of
Ch. Comm 85, Wis. Adm. Code, shall be complied with and the appropriate
data submitted with the preliminary plat.
D.
Soil and water conservation. The City Council and/or
Plan Commission, upon the recommendation of the City Engineer, after
determining from a review of the preliminary plat that the soil, slope,
vegetation, and drainage characteristics of the site are such as to
require substantial cutting, clearing, grading, and other earthmoving
operations in the development of the subdivision or otherwise entail
a severe erosion hazard, may require the subdivider to provide soil
erosion and sedimentation control plans and specifications. Such plans
shall generally follow the guidelines and standards set forth in the
construction site erosion and sediment control technical standards
prepared by the Wisconsin Department of Natural Resources.[3]
A.
General. A final plat prepared by a registered land
surveyor shall be required for all subdivisions. It shall comply in
all respects with the requirements of § 236.20, Wis. Stats.,
and this chapter.
B.
Additional information. The final plat shall show
correctly on its face, or on a supporting document, in addition to
the information required by § 236.20, Wis. Stats., the following:
(1)
Exact street width along the line of any obliquely intersecting street conforming to the standards in § 520-39S.
(2)
Exact location and description of streetlighting and
lighting utility easements.
(3)
Railroad rights-of-way within and abutting the plat.
(4)
All lands reserved for future public acquisition or
reserved for the common use of property owners within the plat.
(5)
Special restrictions required by the City Council,
upon the recommendation of the Plan Commission, relating to access
control along public ways or to the provision of planting strips.
(6)
Taxes. Certifications by attached information showing
that all taxes and special assessments currently due on the property
to be subdivided have been paid in full.
(7)
Groundwater presence. Where the groundwater table
is equal to or less than nine feet from the proposed street center-line
elevation, the subdivider shall place the following note on the plat:
"Subsoil information indicates the presence of high groundwater conditions
on Lot(s) ____________________. On these lots, either basement elevations
must be elevated above the groundwater level or the basement exteriors
must be fully waterproofed."
(8)
Dimensions of lot lines shall be shown in feet and
hundredths; no ditto marks shall be permitted. When lot lines are
not at right angles to the street right-of-way line, the width of
the lot shall be indicated at the building setback line in addition
to the width of the lot at the street right-of-way line.
(9)
A numbered identification system for all lots and
blocks.
C.
Deed restrictions. Restrictive covenants and deed
registrations for the proposed subdivision shall be filed with the
final plat.
D.
Property owners' association. The legal instruments
creating a property owners' association for the ownership and/or maintenance
of common lands in the subdivision shall be filed with the final plat.
E.
Street dedication. Public rights-of-way for streets
and other public areas shall be dedicated to the City with final plat
approval. Such dedications shall require the owner's certificate and
the mortgagee's certificate in substantially the same form as required
by § 236.21(2)(a), Wis. Stats.
F.
Survey accuracy.
(1)
Examination. The City Engineer shall examine all final
plats within the City and may check for the accuracy and closure of
the survey, the proper kind and location of monuments, and legibility
and completeness of the drawing.
(2)
Maximum error of closure. Maximum error of closure
before adjustment of the survey of the exterior boundaries of the
subdivision shall not exceed, in horizontal distance or position,
the ratio of one part in 5,000 nor in azimuth 30 seconds of arc per
interior angle. If field measurements exceed this maximum, new field
measurements shall be made until a satisfactory closure of the field
measurements has been obtained; the survey of the exterior boundary
shall be adjusted to form a closed geometric figure.
(3)
Street, block and lot dimensions. All street, block
and lot dimensions shall be computed as closed geometric figures based
upon the control provided by the closed exterior boundary survey.
If checks disclose an error for any interior line of the plat greater
than the ratio of one part in 3,000 or an error in measured angle
greater than one minute of arc for any angle where the shorter side
forming the angle is 300 feet or longer, necessary corrections shall
be made. Where the shorter side of a measured angle is less than 300
feet in length, the error shall not exceed the value of one minute
multiplied by the quotient of 300 divided by the length of the shorter
side; however, such error shall not in any case exceed five minutes
of arc.[1]
G.
Engineer's report. The City Council shall receive
the results of the City Engineer's examination prior to approving
the final plat.
H.
Surveying and monumenting. All final plats shall meet
all the surveying and monumenting requirements of § 236.15,
Wis. Stats.
I.
State plane coordinate system. Where the plat is located
within a quarter section, the corners of which have been relocated,
monumented and coordinated by the City, the plat shall be tied directly
to one of the section or quarter corners so relocated, monumented
and coordinated. The exact grid bearing and distance of such tie shall
be determined by field measurements, and the material and Wisconsin
state plane coordinates of the monument marking the relocated section
or quarter corner to which the plat is tied shall be indicated on
the plat. All distances and bearings shall be referenced to the Wisconsin
coordinate system, south zone, and adjusted to the City's control
survey.
J.
Certificates. All final plats shall provide all the
certificates required by § 236.21, Wis. Stats., and in addition
the surveyor shall certify that he/she has fully complied with all
the provisions of this chapter.
A.
Filing requirements.
(1)
The subdivider shall prepare a final plat and a letter of application in accordance with this chapter and shall file 15 copies of the plat and the application with the City Administrator at least 25 days prior to the meeting of the Plan Commission at which action is desired. The City Administrator shall give notice of the Plan Commission's meeting in the manner prescribed in § 520-12A(2). The owner or subdivider shall file copies of the final plat not later than 24 months after the date of approval of the preliminary plat; otherwise, the preliminary plat and final plat will be considered void unless an extension is requested in writing by the subdivider and for good cause granted by the City. The owner or subdivider shall also submit at this time a current certified abstract of title or registered property report and such other evidence as the City Attorney may require showing title or control in the applicant. A written transmittal letter shall identify all substantial changes that have been made to the plat since the approval of the preliminary plat.[1]
(2)
The City Administrator shall, within two days after
filing with the City, transmit four copies to the county planning
agency, two copies to the Department of Administration, and additional
copies to the Department of Administration for retransmission of two
copies each to the Wisconsin Department of Transportation, if the
subdivision abuts or adjoins a state trunk highway or a connecting
street, and the Wisconsin Department of Commerce, if the subdivision
is not served by a public sewer and provision for service has not
been made. The county planning agency, the Wisconsin Department of
Administration, the Wisconsin Department of Transportation, and the
Wisconsin Department of Commerce shall be hereinafter referred to
as "objecting agencies."[2]
(3)
The final plat shall conform to the preliminary plat
as approved and to the requirements of all applicable ordinances and
state laws and shall be submitted for certification by those agencies
having the authority to object to the plat as provided by § 236.12(2),
Wis. Stats.
(4)
Simultaneously with the filing of the final plat or map, the owner shall file with the City Administrator 12 copies of the final plans and specifications of public improvements required by this chapter and a signed copy of the developer's contract required by § 520-21.
(5)
The City Administrator shall refer two copies of the
final plat to the Plan Commission, one copy to the City Engineer,
one copy to the City Attorney, and a copy each to the telephone and
power and other utility companies. The abstract of title or registered
property report and final plat shall be referred to the City Attorney
for his/her examination and report. The City Administrator shall also
refer final plans and specifications for public improvements required
by this chapter to the City Engineer for review. The recommendations
of the Plan Commission, City Attorney, and City Engineer shall be
made within 30 days of the filing of the final plat. The City Engineer
shall examine the plat or map and final plans and specifications of
public improvements for technical details and, if he/she finds them
satisfactory, shall so certify in writing to the Plan Commission.
If the plat or map or the plans and specifications are not satisfactory,
the City Engineer shall return them to the owner and so advise the
Plan Commission.
B.
Plan Commission review.
(1)
The 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 chapter and all applicable
ordinances, rules, regulations, comprehensive plans and comprehensive
plan components which may affect it and shall recommend approval,
conditional approval or rejection of the plat to the City Council.
(2)
The objecting state and county 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, except that the Wisconsin Department of Administration
has 30 days in which to make objections. If there are no objections,
they shall so certify on the face of the copy of the plat and shall
return that copy to the City. If an objecting agency fails to act
within 20 days, or 30 days in the case of the Wisconsin Department
of Administration, it shall be deemed to have no objection to the
plat.[3]
(4)
The Plan Commission shall, within 30 days of the date of filing of the final plat with the City Administrator, recommend approval, conditional approval or rejection of the plat and shall transmit the final plat and application along with its recommendations to the City Council. The Plan Commission may hold the matter in abeyance if there is incomplete or inadequate information, provided that the timetables in Subsection C below are complied with.
C.
Council review and approval.
(1)
Action by Council.
(a)
The City Council shall, within 60 days of the
date of filing the original final plat with the City Administrator:
[1]
Approve the final plat.
[2]
Approve the final plat with conditions.
[3]
Reject the final plat with reasons.
[4]
Obtain a written agreement from the developer
extending the time in which the City Council must act on the final
plat (this method is recommended in those cases in which objections
are made to the layout, design or similar aspects of said final plat
and there is insufficient time for said corrections to be made and
resubmitted by the developer to the Council for action).
(b)
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.
(c)
The City Council may not inscribe its approval
on the final plat unless the City Administrator certifies on the face
of the plat that the copies were forwarded to objecting agencies as
required herein, the date thereof and that no objections have been
filed within 20 days, or 30 days in the case of the Department of
Administration, or, if filed, have been met.[5]
(2)
The City Council shall, when it determines to approve
a final plat, give at least 10 days' prior written notice of its intention
to the municipal clerk of any municipality within 1,000 feet of the
final plat.
(3)
Failure of the City Council to act within 60 days,
the time having not been extended and no unsatisfied objections having
been filed, the plat shall be deemed approved. In the case of time
extensions, the City Council and applicant must mutually agree upon
such extension.
D.
Recordation. After the final plat has been approved by the City Council and required improvements either are installed or a contract and sureties insuring their installation are filed, the City Administrator shall cause the certificate inscribed upon the plat attesting to such approval to be duly executed and the plat returned to the subdivider for recording with the County Register of Deeds. The final plat shall be recorded in accordance with § 520-6G.[6]
E.
Copies. The subdivider shall file 10 copies of the
adopted final plat with the City Administrator for distribution to
the City Engineer, approving agencies, and other affected agencies
for their files.
F.
Partial platting. The final plat may, if permitted
by the City Council, constitute only that portion of the approved
preliminary plat which the subdivider proposes to record at the time.
A.
Use of certified survey map.
(1)
When it is proposed to divide land into at least two but not more than four parcels or building sites; or when it is proposed to create by land division not more than four parcels or building sites within a recorded subdivision plat without changing the exterior boundaries of a block, lot or outlot; or when it is proposed to divide any number of parcels greater than 1.5 acres in size (thus not constituting a subdivision as defined in § 520-5), the subdivider may subdivide by use of a certified survey map. The subdivider shall prepare the certified survey map in accordance with this chapter and shall file 10 copies of the map and the letter of application with the City Administrator at least 15 days prior to the meeting of the City Plan Commission at which action is desired.
(2)
A preliminary certified survey map shall be required
when the division provides for land to be dedicated to the public.
(3)
In the event that a proposed land division does not
meet the above requirements, the proposed land division must be pursued
as a subdivision plat.
(4)
The certified survey map shall include the entire original parcels of land owned or controlled by the subdivider, including those proposed for division or consolidation. The applicant shall comply with all requirements of this chapter, including but not limited to Article VI (Design Standards), Article V (Required Improvements), and Article VII (Park and Public Land Dedications) when a certified survey map is used. A certification of the approval of the certified survey map by the City Council shall be inscribed legibly on the face of the map. A certificate of the City Administrator stating that there are no unpaid special assessments or taxes on the lands shall be included on the certified survey map.
(5)
The applicant for a land division shall file 10 acceptable
reproductions of a certified survey map and a written application
requesting approval with the City Administrator.
B.
Referral to Plan Commission. The City Administrator
shall, within two normal workdays after filing, transmit the copies
of the map and letter of application to the Plan Commission.
C.
Review by other City agencies. The City Administrator
shall transmit a copy of the map to the City Engineer, City Attorney,
and to all affected City committees, commissions or departments for
their review and recommendations concerning matters within their jurisdiction.
Their recommendations shall be transmitted to the Plan Commission
within 10 days from the date the map is filed. The map shall be reviewed
by the Plan Commission for conformance with this chapter and all ordinances,
rules, regulations, comprehensive plans, comprehensive plan components
and neighborhood plans. The applicant shall be required to file at
the time of application public improvement plans as required for final
plats.[1]
D.
Plan Commission review and Council approval. The Plan
Commission shall, within 60 days from the date of filing of the certified
survey map, recommend approval, conditional approval or rejection
of the map and shall transmit the map along with its recommendations
to the City Council. The City Council shall approve, approve conditionally
and thereby require resubmission of a corrected certified survey map
or reject such certified survey map within 90 days from the date of
filing of the map unless the time is extended by agreement with the
applicant. If the map is rejected, the reason shall be stated in the
minutes of the meeting and a written statement forwarded to the applicant.
If the map is approved, the City Council shall cause the City Administrator
to so certify on the face of the original map and return the map to
the applicant.[2]
E.
Recordation.
(1)
(2)
No building permits shall be issued and no improvements
shall be made until the certified survey is recorded and a document
recording number is filed with the Building Inspector.
F.
Copies. The subdivider shall file 10 copies of the
adopted certified survey map with the City Administrator for distribution
to the City Engineer, Building Inspector and other affected departments
for their files.
A.
Certified survey requirements. A certified survey
map prepared by a registered land surveyor shall be required for all
land divisions. It shall comply with the provisions of § 236.34,
Wis. Stats., and this chapter.
B.
Additional information. The certified survey map shall
show correctly on its face, in addition to the information required
by § 236.34, Wis. Stats., the following:
(1)
All existing buildings, watercourses, drainage ditches
and other features pertinent to proper division.
(3)
All lands reserved for future acquisition.
(4)
Date of the map.
(5)
Graphic scale and North arrow.
(6)
Name and address of the owner, subdivider and surveyor.
(7)
Square footage of each parcel.
(8)
Present zoning for the parcels.
(9)
Existing and proposed contours at vertical intervals
of not more than two feet where the slope of the ground surface is
less than 10% and of not more than four feet where the slope of the
ground surface is 10% or more. Elevations shall be marked on such
contours based on National Geodetic Datum of 1929 (mean sea level).
This requirement may be waived if the parcel or parcels created are
fully developed.
(11)
Floodplain limits and the contour line lying
a vertical distance of two feet above the elevation of the one-hundred-year
recurrence interval flood or, where such data is not available, five
feet above the elevation of the maximum flood of record.
(12)
Location of soil boring tests, where required
by Ch. Comm 85, Wis. Adm. Code, made to a depth of six feet, unless
bedrock is at a lesser depth. The number of such tests shall be adequate
to portray the character of the soil and the depths of bedrock and
groundwater from the natural, undisturbed surface. To accomplish this
purpose, a minimum of one test per three acres shall be made initially.
The results of such tests shall be submitted along with the preliminary
plat.
(13)
Location of soil percolation tests where required
by Ch. Comm 85, Wis. Adm. Code, conducted in accordance with Ch. Comm
85, Wis. Adm. Code, taken at the location and depth in which soil
absorption waste disposal systems are to be installed. The number
of such tests initially made shall not be less than one test per three
acres or one test per lot, whichever is greater. The results of such
tests shall be submitted along with the preliminary plat.
(14)
Entire area contiguous to the land outlined
in the proposed certified survey map owned or controlled by the subdivider
shall be included on the certified survey map even though only a portion
of said area is proposed for immediate development. The City Plan
Commission or City Council may waive this requirement where it is
unnecessary to fulfill the purposes and intent of this chapter and
severe hardship would result from strict application thereof.
C.
State plane coordinate system. Where the map is located
within a quarter section, the corners of which have been relocated,
monumented and coordinated by the City, the map shall be tied directly
to one of the section or quarter corners so relocated, monumented
and coordinated. The exact grid bearing and distance of such tie shall
be determined by field measurements, and the material and Wisconsin
state plane coordinate of the monument marking the relocated section
or quarter corner to which the map is tied shall be indicated on the
map. All distances and bearings shall be referenced to the Wisconsin
coordinate system, south zone, and adjusted to the City's control
survey.
D.
Certificates. The surveyor shall certify on the face
of the map that he/she has fully complied with all the provisions
of this chapter. The City Council, after a recommendation by the reviewing
agencies, shall certify its approval on the face of the map. The City
Administrator and the County Treasurer shall certify that there are
no unpaid taxes or unpaid special assessments on any of the land included
in the map. In addition, dedication of streets and other public areas
shall require the owner's certificate and the mortgagee's certificate
in substantially the same form as required by § 236.21(2)(a),
Wis. Stats.[3]
E.
Recordation. The certified survey map shall only be recorded with the County Register of Deeds after the certificates of the City Council, of the surveyor, and those certificates required by § 236.21, Wis. Stats., are placed on the face of the map. The certified survey map shall be recorded in accordance with §§ 520-6G and 520-16E(1).[4]
A.
Except as provided in § 70.27(1), Wis. Stats.,
when it is proposed to replat a recorded subdivision, or part thereof,
so as to change the exterior boundaries of a recorded subdivision,
or part thereof, the subdivider or person wishing to replat shall
vacate or alter the recorded plat as provided in §§ 236.40
through 236.44, Wis. Stats. The subdivider or person wishing to replat
shall then proceed using the approval procedures for preliminary and
final plats prescribed in this article.
B.
Whenever a preliminary plat for a replat is filed, the Plan Commission shall schedule and hold a public hearing before it acts on the plat. Notices of the proposed replat and public hearing shall be published and mailed to adjacent property owners following the same procedures as found in § 520-12B.
C.
Whenever an approved final plat is submitted for reapproval
within six months of the initial resolution approving the plat, and
which is substantially in conformance with the approved plat, and
which has not been recorded with the Register of Deeds, said plat
shall be reapproved by the City Council. No final plats shall be reapproved
by the City Council following the expiration of the six-month period.
Such plats shall be submitted as a new plat. All previous approvals
shall be null and void and shall have no further bearing on the subsequent
review and approval of the plat by the City.
A.
A preliminary plat, final plat or certified survey
shall not be approved unless the Plan Commission and the City Council
determine that adequate public facilities and public services will
be available to meet the needs of the proposed land division and that
no public funds other than those already provided in an adopted capital
or operating budget are required; the City Council, at its discretion,
may waive this provision if the Council agrees to use bonding/borrowing
for the project.
B.
The applicant shall furnish any data requested by
the City Administrator, who shall transmit this information to the
appropriate commission(s), committee(s) and staff for review; the
City Administrator shall act as coordinator of the reports from staff
to the Plan Commission and City Council on the adequacy of water,
sanitary and storm sewers, fire service, police, parks and open space
and recreation facilities, transportation facilities and schools.
C.
Public facilities and public services for a proposed
land division may be found to be adequate when the following conditions
exist:
(1)
The proposed land division is located in an urban
service area where adequate sewer service is presently available for
extension, under construction or designated by the City Council for
extension of sewer service within the current capital budget year
and funds are specifically provided for such extension either from
public or private financing. The Plan Commission and the City Council
shall consider the recommendations of the City Engineer and the appropriate
committee(s) on the capacity of trunk lines and of sewage treatment
facilities and any other information presented.
(2)
The proposed land division is located within an urban
service area contiguous to an arterial transmission water main of
adequate capacity for the proposed development or the water distribution
system that is needed is under construction or scheduled for construction
within the current budget year and funds, either public or private,
are available for the program. The Plan Commission and the City Council
shall consider the recommendations from the City's utilities and the
City Engineer and the appropriate committee(s) on line capacities,
water sources and storage facilities, as well as any other information
presented.
(3)
The City Administrator and City Engineer verify to
the Plan Commission and the City Council that adequate funds, either
public or private, are available to insure the installation of all
necessary stormwater management facilities.
(4)
The Supervisor of Public Works can demonstrate to
the Plan Commission and the City Council that street maintenance and
refuse collection services, either public or private, are so situated
that adequate and timely service can be provided so as not to involve
danger or injury to the health, safety or general welfare of the future
residents of the proposed land division or existing City residents.
(5)
The Plan Commission verifies that the future residents
of the proposed land division can be assured park, recreation and
open space facilities and services which meet the standards of the
City's Comprehensive Plan.
(6)
The Police Department, EMS and Fire Department verify
that timely and adequate service can be provided to the residents.
(7)
The proposed land division is accessible by an existing
or officially mapped, publicly maintained, all-weather roadway system
adequate to accommodate both existing traffic and that traffic to
be generated by the proposed land division in accordance with the
Official Map and City standards.
D.
Where the Plan Commission and the City Council determine
that two or more public facilities or services are not adequate for
the proposed development but that a portion of the area could be served
adequately, or that careful phasing of the development could result
in all public facilities and public services being adequate, conditional
approval may include only such portions or may specify phasing of
the development.
E.
The above requirements shall not apply to those areas
outside the corporate limits of the City of Weyauwega and within the
City's extraterritorial limits. Areas within the City capable of being
served by public sewer and water shall be required to connect to the
City of Weyauwega public water distribution and/or public sewerage
system if determined by the City Engineer to be feasible. If such
connections are not determined feasible by the City Council, the proposed
land division shall provide for adequate on-site systems and such
special piping provisions as may be necessary to serve the anticipated
development during the interim period until such City public water
and/or sewerage systems are determined by the City Engineer to be
feasibly available for connection. The subdivider and his heirs and
assigns shall, by written plat restriction, agree to abandon the interim
water and sewerage facilities and connect to the City public water
and sewerage facilities upon a determination by the City Engineer
that such facilities are available for feasible connection.
