Before filing a preliminary plat or certified survey map (minor
land division), the subdivider is encouraged to consult with the Planning
Commission for advice regarding general subdivision requirements.
Information on meeting dates, agenda deadlines and filing requirements
may be obtained from the City Clerk-Treasurer. The subdivider shall
also submit a location map showing the relationship of the proposed
subdivision 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 Plan, Comprehensive Plan components and duly adopted
plan implementation devices of the City and otherwise to assist the
subdivider in planning his development. In so doing, both the subdivider
and planning agency may reach mutual conclusions regarding the general
program and objectives of the proposed development and its possible
effects on the neighborhood and community. The subdivider will gain
a better understanding of the subsequent required procedures.
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 10 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 Clerk-Treasurer at least 15 days prior to the
meeting of the Planning Commission at which action is desired. The
City Clerk-Treasurer shall submit a copy of the preliminary plat to
the Planning 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 shall be referred to the City Attorney at this time 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 Clerk-Treasurer 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 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-Treasurer.
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 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;
(2)
Zoning changes. If any zoning changes are contemplated, the proposed
zoning plan for the area, including dimensions; and
(3)
Area plan. Where the subdivider owns property adjacent to that which
is being proposed for the subdivision, the Planning Commission and/or
Common Council may require that the subdivider submit a preliminary
plat of 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.
F.
Drafting standards. The subdivider shall submit to the City Clerk-Treasurer
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 professional land surveyor which shall show clearly the proposed
subdivision at a scale of not more than one inch per 100 feet, 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. The plat shall also include adequate
topographic information to describe and locate important physical
features, including critical slopes, general drainage and existing
roads and buildings. Any proposed restrictive covenants for the land
involved shall be submitted.
A.
Referral to other agencies. The subdivider shall, within two days
after filing with the City, submit two copies each to the Wisconsin
Department of Administration and the Wisconsin Department of Transportation
if the subdivision abuts or adjoins a state trunk highway and the
Wisconsin Department of Safety and Professional Services if the subdivision
is not served by the public sewer and provision for such service has
not been made.
B.
Planning 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 Planning Commission shall, within 60 days of filing, or within
such time as extended by agreement with the subdivider of its submission,
approve, approve conditionally, or reject the plat. The subdivider
shall be notified in writing of any conditions for approval or the
reasons for rejection. Such action of the Planning Commission shall
be submitted to the Common Council for action, and the subdivider
shall be notified in writing of any changes or modifications in the
action of the Planning Commission and the reasons therefor.
C.
Board action. After receipt of the Planning Commission's recommendation,
the Common Council shall, within 90 days of the date the plat was
filed with the City Clerk-Treasurer, 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 Common 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 Clerk-Treasurer shall communicate to the subdivider
the action of the Common Council. If the preliminary plat is approved,
the City Clerk-Treasurer shall endorse it for the Common Council.
D.
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 36 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 Planning
Commission and Common Council at the time of its submission.
E.
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, except for the fee, unless
the amendment is, in the opinion of the Common Council, 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 15 copies of the plat
and the application with the City Clerk-Treasurer at least 15 days
prior to the meeting of the Planning Commission at which action is
desired. The City Clerk-Treasurer shall give notice of the Planning
Commission's meeting in the manner prescribed by law. The owner
or subdivider shall file 15 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 approval of the preliminary plat.
(2)
The subdivider shall send the original copy of the final plat to
the Wisconsin Department of Administration.
(3)
Simultaneously with the filing of the final plat or map, the owner shall file with the City Clerk-Treasurer 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 § 435-15.
(4)
The City Clerk-Treasurer shall refer a copy of the final plat to
the Planning 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 Clerk-Treasurer shall also refer
final plans and specifications for public improvements required by
this chapter to the City Engineer for review. The recommendations
of the Planning 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 Planning 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 Planning
Commission.
B.
Planning Commission review.
(1)
The Planning 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 Planning Commission shall, within 30 days of the date of filing
of the final plat with the City Clerk-Treasurer, 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 Planning Commission may hold the matter in abeyance if
there is incomplete or inadequate information.
C.
Board review and approval.
(1)
The Common Council shall, within 60 days of the date of filing the
original final plat with the City Clerk-Treasurer, 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-Treasurer 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)
Failure of the Common 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.
D.
Recordation. After the final plat has been approved by the Common
Council and required improvements either installed or a contract and
sureties insuring their installation are filed, the City Clerk-Treasurer
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 for record within 12 months
after the date of the last approval of the plat and within 36 months
after the first approval.
E.
Copies. The subdivider shall file two copies of the recorded final
plat with the City Clerk-Treasurer.
F.
Partial platting. The final plat may, if permitted by the Common
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)
A certified survey map prepared and recorded in accordance with § 236.34,
Wis. Stats., and the requirements of this chapter 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
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 County Register of Deeds,
including those recorded by a metes and bounds description, provided
that any of the resulting parcels is not less than 1.5 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 that 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 applicant shall comply with all requirements of this chapter, including but not limited to Article IV, Design Standards and Required Improvements, and Article V, Park and Public Land Dedication, 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-Treasurer 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 10 acceptable reproductions
of a certified survey map and a written application requesting approval
with the City Clerk-Treasurer.
B.
Review by other City agencies. The City Clerk-Treasurer shall transmit
a copy of the map to the City Engineer, City Attorney, and 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 Planning Commission
within 10 days from the date the map is filed. The map shall be reviewed
by the Planning 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.
C.
Review and approval. The Planning Commission shall, within 30 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 applicant. If the map is rejected,
the reasons shall be stated in the minutes of the meeting and a written
statement forwarded to the applicant. If the map is approved, the
Common Council shall cause the City Clerk-Treasurer to so certify
on the face of the original map and return the map to the applicant.
D.
Recordation.
(1)
The applicant shall file a copy of the approved certified survey
map together with the approving resolution with the County Register
of Deeds within 12 months after the date of the last resolution of
approval and not later than 36 months after the date of the first
resolution of approval. All recording fees shall be paid by the applicant.
(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, 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 Planning 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 for a final plat.
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.
