A.
Before filing of an application for the approval of a preliminary
plat or certified survey map, the subdivider is encouraged to submit
a conceptual plan and to consult with City staff for advice regarding
general subdivision requirements. Information on meeting dates, agenda
deadlines and filing requirements may be obtained from the City Clerk.
The conceptual plan would show the relationship of the proposed subdivision
or certified survey to traffic arteries and existing community facilities.
This consultation is neither formal nor mandatory but is intended
to inform the subdivider of the purpose and objectives of these regulations,
the Comprehensive Master Plan, Comprehensive Master Plan components
and plan implementation devices of the City and to otherwise assist
the subdivider in planning his development. The subdivider will gain
a better understanding of the subsequent required procedures.
B.
Prior to filing an application for the approval of a preliminary
plat, the subdivider shall attend a preliminary consultation meeting
with the Plan Commission. The Plan Commission may waive this requirement
for small projects.
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 20 copies of the preliminary plat. The preliminary plat shall be prepared in accordance with the standards of this chapter, particularly § 510-18, and the subdivider shall file copies of the plat and the application as required by this section with the City Clerk at least 30 days prior to the meeting of the Plan Commission at which action is desired. The City Clerk shall submit copies of the preliminary plat to the Plan Commission and to the City Engineer for review and written report of his recommendations and reactions to the proposed plat.
B.
Public improvements. Simultaneously with the filing of the preliminary
plat or map, the owner shall file with the City Clerk a concept 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 subunit 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
Clerk.
D.
Environmental assessment.
(1)
Filing requirement. An environmental assessment checklist shall be
completed by the subdivider for review by the Plan Commission with
the preliminary plat, or preferably as part of the preapplication
conference, for any subdivision or land division by certified survey
which the City has authority to approve.[1]
(2)
Purpose. The purpose of this environmental assessment checklist is
to provide the basis for an orderly, systematic review of the effects
of all new subdivisions upon the community environment in accordance
with the principles and procedures of Wisconsin Statutes set for local
subdivision regulation. The Plan Commission will use these procedures
in determining land suitability. The goals of the community in requiring
this checklist are to eliminate or reduce pollution and siltation
to an acceptable standard, assure ample living space per capita, preserve
open space and parks for recreation, provide adequately for stormwater
control, maintain scenic beauty and aesthetic surroundings, administer
to the economic and cultural needs of the citizens and provide for
the effective and efficient flow of goods and services.
(3)
Coverage. The environmental assessment checklist shall apply to all
reviewable subdivisions and land divisions by certified survey. The
Plan Commission may waive the requirement for the filing of an environmental
assessment checklist for land divisions by certified survey of less
than five acres total area.
(4)
Preliminary checklist for environmental assessment of plats, land
divisions and community development plans. An environmental assessment
checklist form as required under this subsection is available from
the City Clerk. The Plan Commission shall review the checklist annually.
E.
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 has fully complied
with the provisions of this chapter.
F.
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; 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; and
(3)
Area plan. Where the subdivider owns property adjacent to that which is being proposed for the subdivision, the subdivider shall comply with the requirements of § 510-18A(5) for the remainder of the property so as to show the possible relationships between the proposed subdivision and future subdivision. In any event, all subdivisions must be shown to relate well with existing or potential adjacent subdivisions.
G.
Street plans and profiles. The subdivider shall provide preliminary
street profiles showing existing ground surface, including extensions
for a reasonable distance beyond the limits of the proposed subdivision
when requested.
H.
Soil testing. The subdivider shall 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 § 510-7, the City Engineer may, in addition, 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. A minimum of one boring per thousand feet of center-line street to a minimum depth of 15 feet is required.
I.
Referral to other agencies and utilities.
(1)
Utilities. The subdivider shall also forward a copy to the local
electric, gas, cable television and telephone utilities. When the
subdivider expects the City to act as the transmitting authority in
accordance with § 236.12, Wis. Stats., the application shall
state that the transmittal responsibility lies with the City, shall
contain a list of the other authorities to which the plat must be
submitted, and shall be accompanied by such additional fees and copies
of the plat as are necessary to be transmitted to such authorities.
(2)
State agencies. The City Clerk shall, within two days after the filing
of the preliminary plat, transmit copies to the Wisconsin Department
of Administration, with additional copies to the Department of Administration
for retransmission of copies to the Wisconsin Department of Safety
and Professional Services if the subdivision is not served by a public
sewer and provision for that service has not been made and to the
Wisconsin Department of Transportation if the subdivision abuts or
adjoins a state trunk highway or a connecting street, and an adequate
number of copies to the Plan Commission. The Wisconsin Department
of Administration, the Wisconsin Department of Safety and Professional
Services and the Wisconsin Department of Transportation shall be hereinafter
referred to as "objecting agencies." The City Clerk shall also transmit
a copy of the preliminary plat to other affected City boards, commissions
or departments for their review and recommendations concerning matters
within their jurisdiction.[2]
(3)
Action by outside agencies. Within 20 days of the date of receiving the copies of the preliminary plat, any state or county agency having authority to object under Subsection I(2) 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 make objections. The plat shall not be approved or deemed approved until any objections have been satisfied. If an objecting agency fails to act within 20 days or the Department of Administration fails to act within 30 days, it shall be deemed to have no objection to the plat. The recommendations of City agencies shall also be transmitted to the Plan Commission within 20 days from the date the plat is filed.[3]
A.
Commission action.
(1)
The Plan Commission shall, within 90 days of the date the preliminary
plat was filed with the City Clerk, 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 Plan Commission 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 Clerk shall communicate to the subdivider the action
of the Plan Commission. If the preliminary plat is approved, the City
Clerk shall endorse it for the Plan Commission.
(2)
Upon approval of the preliminary plat, the Plan Commission shall
refer copies of the preliminary plat as approved to the City Clerk.
An abstract of title or registered property report may be referred
to the City Attorney for his examination and report.
B.
Effect of preliminary plat approval. Approval or conditional approval
of a preliminary plat shall entitle the final plat to approval, provided
that the final plat conforms substantially to the preliminary plat,
including any conditions of that approval, conforms to applicable
local plans and ordinances, and is submitted within 36 months of the
last required approval of the preliminary plat. If the preliminary
plat is approved, the final plat must be approved by the Common Council
within six months or the preliminary plat approval is void. Previous
preliminary plat approvals shall not constitute grounds for approval
upon resubmission.[1]
C.
Preliminary plat amendment. Should the subdivider desire to amend
the preliminary plat as approved, he may resubmit the amended plat,
which shall follow the same procedure outlined herein, unless the
amendment is, in the opinion of the Plan Commission, of such scope
as to constitute a new plat, in which such case it shall be refiled.
A.
Filing requirements.
(1)
The subdivider shall prepare a final plat and a letter of application
in accordance with this chapter and shall file 20 copies of the plat
and the application with the City Clerk at least 21 days prior to
the meeting of the Plan Commission at which action is desired. The
owner or subdivider shall file 20 copies of the final plat not later
than 36 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 preliminary plat. When the subdivider expects
the City to act as the transmitting authority in accordance with § 236.12,
Wis. Stats., the application shall state that transmittal responsibilities
lie with the City and shall contain a list of the other authorities
to which the plat must be submitted and shall be accompanied by such
additional fees and copies of the plat as are necessary to be transmitted
to such authorities.[1]
(2)
If the City is acting as the transmitting authority, the City Clerk
shall, within two days after filing, transmit copies to the Wisconsin
Department of Administration, with additional copies to the Department
of Administration for retransmission of copies to the Wisconsin Department
of Safety and Professional Services if the subdivision is not served
by a public sewer and provision for that service has not been made
and to the Wisconsin Department of Transportation if the subdivision
abuts or adjoins a state trunk highway or a connecting street, and
to all affected City boards, commissions and committees and transmit
the original final plat and adequate copies to the Plan Commission.
The Wisconsin Department of Administration, the Wisconsin Department
of Safety and Professional Services and the Wisconsin Department of
Transportation 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 of those agencies having
the authority to object to the plat as provided by § 236.12(2),
Wis. Stats.
(4)
The City Clerk shall refer copies of the final plat to the Plan Commission
and one copy to the City Engineer. The recommendations of the Plan
Commission 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 preliminary plans and specifications of public improvements for
technical details and, if he 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 and objecting agency 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 Common Council.
(2)
The objecting state 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 the
Department of Administration fails to act within 30 days, it shall
be deemed to have no objection to the plat.[3]
(4)
The Plan Commission shall, within 45 days of the date of filing of
the final plat with the City Clerk, recommend approval, conditional
approval or rejection of the plat and shall transmit the final plat
and application along with its recommendations to the Common Council.
The Plan Commission may hold the matter in abeyance if there is incomplete
or inadequate information.
C.
Council review and approval.
(1)
The Common Council shall, within 60 days of the date of filing the
original final plat with the City Clerk, approve or reject such plat
unless the time is extended by agreement with the subdivider. 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.
The Common Council may not inscribe its approval on the final plat
unless the City Clerk 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,
if filed, have been met.
(2)
The Common 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.
D.
Recordation. After the final plat has been approved by the Common
Council, required improvements are either installed or a contract
and sureties insuring their installation is filed, all outstanding
special assessments have been made, and park and recreation fees required
by this chapter have been paid to the City, the City Clerk 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 Register of Deeds cannot record
the plat unless it is offered within 12 months from the date of last
approval. Recording fees shall be paid by the subdivider.[6]
E.
Final copies. The subdivider shall file five copies of the final
plat as approved with the City Clerk for distribution to the approving
agencies, affected utilities and other affected agencies for their
files. One Mylar copy shall also be filed with the City Clerk.[7]
F.
Partial platting. The final plat may, if permitted by the Plan Commission,
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)
A certified survey map, prepared and recorded in accordance with
§ 236.34, Wis. Stats, and the requirements of this article,
and having been approved by the Common Council, may be used in lieu
of a subdivision plat to divide or consolidate lands, or dedicate
lands, provided that one of the following conditions is met:
(a)
The division or consolidation is of any lot, outlot, parcel,
or other lands previously approved by the City and recorded with the
Pierce County Register of Deeds as a subdivision plat, certified survey,
or assessor's plat, of any size, which results in not more than four
lots, outlots, parcels, or mortgage descriptions, being created by
any division or successive division, regardless of any changes in
ownership, within any five-year period; or
(b)
The division or consolidation is of any lot, outlot, parcel,
or other lands previously recorded with the Pierce County Register
of Deeds, including those recorded by a metes and bounds description,
provided that any of the resulting parcels are not less than 35 acres
in size and which results in not more than four lots, outlots, parcels,
or mortgage descriptions, being created by any division or successive
division, regardless of changes of ownership, within any five-year
period.
(2)
In the event a proposed land division does not meet the above requirements,
the proposed land division must be pursued as a subdivision plat.
(3)
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 subdivider shall comply with all requirements of this chapter, including Article VII, Design Standards, and Article VI, Required Improvements, when a certified survey map is used. A certification of the approval of the certified survey map by the Common Council shall be inscribed legibly on the face of the map. A certificate of the City Clerk stating that there are no unpaid special assessments or taxes on the lands shall be included on the certified survey map.
(4)
The applicant for a land division shall file 20 acceptable reproductions
of a certified survey map and a written application requesting approval
with the City Clerk.
B.
Referral to Plan Commission. The City Clerk 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 Clerk shall transmit a copy
of the map to all affected City boards, commissions or departments
for their review and recommendations concerning matters within their
jurisdiction. Their recommendations shall be transmitted to the Plan
Commission within 14 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.
D.
Review and approval. The Plan Commission shall, within 40 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 Common Council. The Common
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 subdivider. If the map is rejected,
the reason shall be stated in the minutes of the meeting and a written
statement forwarded to the subdivider. If the map is approved, the
Common Council shall cause the City Clerk to so certify on the face
of the original map and return the map to the subdivider.
E.
Recordation.
(1)
The subdivider shall file a copy of the approved certified survey
map together with the approving resolution with the County Register
of Deeds within six months after the date of the last approval of
the map and within 24 months after the first approval of the map.
All recording fees shall be paid by the subdivider. If not recorded
within 24 months, the subdivider will need to resubmit the certified
survey map and follow the normal procedure of approval through the
Plan Commission and Common Council.[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.
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 of the Wisconsin Statutes. 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 of 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
as a Class 3 notice and be mailed at the subdivider's expense to the
owners of all properties within the limits of the exterior boundaries
of the proposed replat and to the owners of all properties within
200 feet of the proposed replat.
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 Common Council. No final plats shall be reapproved
by the Common 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.
D.
Where lots are more than double the minimum size required for the
applicable zoning district, the Plan Commission may require that such
lots be arranged so as to allow resubdivision of such parcels into
normal lots in accordance with the provisions of the chapter.
A.
A preliminary plat, final plat or certified survey shall not be approved
unless the Plan Commission and the Common 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.
B.
The applicant shall furnish any data requested by the City Clerk,
who shall transmit this information to the appropriate commission(s),
committee(s) and staff for review; the City Clerk shall act as coordinator
of the reports from staff to the Plan Commission and Common Council
on the adequacy of water, sanitary and storm sewers, fire service,
police, parks and open space and recreation facilities, transportation
facilities, traffic counts, 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 Common Council for extension of
sewer service, and funds are specifically provided for such extension
either from public or private financing. The Plan Commission and the
Common 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 if the water distribution system that
is needed is under construction or scheduled for construction and
funds, either public or private, are available for the program. The
Plan Commission and the Common 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 Clerk verifies to the Plan Commission and the Common Council
that adequate funds, either public or private, are available to insure
the installation of all necessary stormwater management facilities.
(4)
The Director of Public Works can demonstrate to the Plan Commission
and the Common 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 to 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
Master 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 Common Council determine that one
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.
No land shall be divided which has been officially mapped as public
lands for a stormwater management facility or is determined by the
Common Council to be unsuitable for use by reason of flooding, bad
drainage, soil or rock formations with severe limitations for development,
severe erosion potential or unfavorable topography, or any other feature
likely to be harmful to health, safety or welfare of future residents
or landowners in the proposed land division or of the community.[1]
F.
The above requirements shall not apply to those areas outside the
corporate limits of the City of Prescott 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 Prescott public
water distribution and/or public sewerage system as required by the
City Engineer.
A.
Application required. No person, firm or corporation shall divide
any land located within the one-and-one-half-mile extraterritorial
plat approval jurisdiction of the City of Prescott without first filing
an application and a certified survey map with the City for approval
by the Plan Commission.
B.
Preapplication procedure.
(2)
This procedure will assist the developer in appraising the objectives
of these regulations, the Comprehensive Master Plan, the Official
Map and other pertinent City ordinances.
(3)
The preapplication information shall be submitted to the Plan Commission
for review and approval, 15 days prior to when the application will
be considered.
C.
Land division by certified survey procedure. For land divisions by certified survey as defined in § 510-13, the procedure for approval by the City shall be as specified in § 510-13. The Plan Commission may require approval of the certified survey map by the pertinent Town Board before acting as specified under this section.
D.
Extraterritorial land division policies. The following policies shall
govern the City Plan Commission in approving division of land within
the one-and-one-half-mile extraterritorial area in order to protect
the rural character and farming viability:
(1)
The City of Prescott will attempt to seek consistency of locally
adopted Town plans.
A.
The purpose of requiring approvals under this chapter is to insure
the health, safety, morale, comfort, prosperity and general welfare
of the City of Prescott. This chapter shall not be interpreted as
placing any responsibility or liability on any City official, City
employee or the City as a municipal corporation for the granting of
approval or the denial of any approval. All approvals rendered as
part of this chapter shall be considered as being approved conditionally
based on the information and circumstances apparent at that time.
B.
Approvals issued by the City shall not be construed as an assumption
or expression of any responsibility, warranty or guarantee for the
design or construction of any improvements within the land division.