Land divisions which create five or more parcels
or building sites which are 15 acres or less in size either through
a single division or successive divisions by either the same or subsequent
owner(s) within a period of five years shall follow the procedures
contained in this article.
Prior to filing a preliminary plat for approval,
the applicant shall consult with the Pierce County Department of Land
Management for assistance and to become informed of the purpose and
objectives of these regulations and shall meet with the Land Management
Committee to present a concept plan for review and approval.
A.
Submittal. The applicant shall provide eight copies
of a concept plan drawn to a reasonable scale depicting the proposed
general lot layout, exterior boundary, roadways, known easements,
wetlands, floodplain, existing land use of the tract and adjacent
lands, and slopes in excess of 12% and in excess of 20%, and any additional
information required by the Department of Land Management which is
deemed relevant to the proposed plat. The concept plan shall be submitted
to the Department of Land Management at least 20 calendar days prior
to the meeting of the Land Management Committee at which it is to
be considered. The Department of Land Management shall be authorized
to reject any application deemed incomplete.
B.
Review and approval. The Land Management Committee
shall review the proposed concept plan as to conformance with county
plans, ordinances, purposes and the suitability of the land for subdivision.
The Committee shall approve, conditionally approve or reject the concept
plan and shall state in writing any conditions of approval or reasons
for rejection.
A.
Submittal. After concept plan approval the applicant
shall submit to the Pierce County Department of Land Management, at
least 20 calendar days prior to the Land Management Committee meeting
at which it is to be considered, the following:
(1)
A signed application form requesting review and approval
of a preliminary plat. The Department of Land Management shall be
authorized to reject any application deemed incomplete.
(2)
Eight copies of the preliminary plat plus any additional
copies as may be required for other reviewing agencies. The plat shall
be based upon a survey prepared by a registered land surveyor on reproducible
material and shall show the following information unless waived in
whole or in part in writing by the Zoning Administrator:
(a)
All requirements of § 236.20, Wis.
Stats.
(b)
The names and addresses of the owner and registered
surveyor preparing the plat and date of preparation.
(c)
An eight-and-one-half-inch-by-eleven-inch reproducible
copy of the proposed plat.
(d)
The location and names of adjacent platted lands
and the owners of adjoining parcels of unplatted land, including the
use and zoning of adjacent land.
(e)
Contours at vertical intervals of not more than
two feet, with slopes of 12% or greater and 20% or greater delineated.
(3)
Accompanying information shall include:
(a)
Erosion control plans.
(b)
Areas of filling, grading, lagooning or dredging.
(c)
Sufficient soil tests to establish the suitability
of soil absorption wastewater systems for each lot.
(d)
Any restrictive covenants related to the proposed
land division.
(e)
A statement and location of any improvements
proposed to be provided by the applicant.
(f)
A statement from appropriate town, county or
state agency approving access connections onto existing road system.
(4)
Any additional information required by the Land Management
Committee. Any cost involved in producing and reviewing such additional
information shall be the responsibility of the applicant.
(5)
A review fee established by the County Board of Supervisors.
Review fees required by other reviewing agencies shall be submitted
to those agencies.
(6)
The applicant also shall submit the original drawing
of the preliminary plat to the appropriate state plat review agency,
in accordance with § 236.12(6), Wis. Stats.
(7)
Erosion control bond. Applicant shall submit a bond,
irrevocable letter of credit, or other financial surety for erosion
control work. The amount of the bond shall be 200% of the estimated
cost of installing and maintaining erosion control for all project
improvements. The additional amount is to compensate the County if
necessary for any administrative expenses and repair work which may
be necessary should the applicant fail to install and maintain measures
correctly. The surety shall be limited to work associated with the
phase for which the approval is sought. The Department may not require
that the subdivider provide the surety sooner than is reasonably necessary
before the commencement of the installation of improvements.
[Amended 11-9-2010 by Ord. No. 10-05]
B.
Requirements.
(1)
The preliminary plat shall comply with the Pierce
County Zoning, Floodplain and St. Croix Riverway Zoning Ordinances,[1] if applicable, and the Pierce County Land Management Plan,
the approved concept plan, and other adopted county plans and ordinances.
(3)
Land subject to hazards of life, health or property
shall not be subdivided for residential purposes until all such hazards
have been eliminated or unless adequate safeguards against such hazards
are provided by the subdivision plan.
(4)
Each applicant shall prepare and submit an erosion control plan with respect to each proposed plat, and for any acreage from which allowable densities are transferred under § 240-25C(6) of the Pierce County Code, which plan shall conform with standards.
[Added 8-24-2004 by Ord. No. 04-10]
C.
Review and decision.
(1)
After reviewing the preliminary plat and data for
compliance with this chapter, the Land Management Committee shall
either approve, approve conditionally or reject the preliminary plat
and shall state in writing any conditions of approval or reasons for
rejection.
(2)
Failure of the Committee to act within 90 calendar
days of submittal of the preliminary plat shall constitute an approval
of the preliminary plat, unless such time is extended by agreement
with the applicant.
(3)
Approval of the preliminary plat shall entitle the
applicant to final approval of the layout shown by such plat if the
final plat is submitted within 36 months of the date of approval of
the preliminary plat and substantially conforms to such layout and
conditions attached to the approved preliminary plat. The Land Management
Committee may extend the time for submission of the final plat.
[Amended 11-9-2010 by Ord. No. 10-05]
(4)
Before a preliminary plat may be approved by the Land
Management Committee, it shall be referred to the Land Conservation
Department and Committee for review of its erosion control plan, upon
whose written comments the Committee shall condition and accept or,
where insufficient, reject a preliminary plat as submitted.
[Added 8-24-2004 by Ord. No. 04-10]
A.
Submittal. The applicant shall submit the following:
(1)
Eight copies of the final plat shall be submitted
to the Pierce County Department of Land Management by the applicant.
The final plat may constitute only that portion of the approved preliminary
plat that the applicant proposes to record at that time. Final plats
shall substantially conform to the approved preliminary plat, and
to the requirements of Chapter 236, Wis. Stats., including § 236.20,
Wis. Stats., but contours do not have to be shown.
[Amended 11-9-2010 by Ord. No. 10-05]
(2)
The applicant shall also submit the original drawing
of the final plat to the appropriate state plat review agency, in
accordance with § 236.12(6), Wis. Stats. Such plats shall
comply fully with the requirements of Chapter 236, Wis. Stats.
(3)
The applicant shall submit a copy of the plat to the
township(s) in which the proposed land division is located.
(5)
Road construction. Applicant shall provide a statement
from the appropriate town, County or state agency that all roads have
been constructed to standards, except that final paving may occur
after final approval.
B.
Requirements.
(1)
The final plat shall be prepared by a registered land
surveyor and shall comply with the requirements of § 236.20,
Wis. Stats., and any other information as required by the Land Management
Committee during preliminary plat approval.
(2)
The final plat shall show on its face all lands reserved
for future public dedication or reserved for the common use of property
owners within the plat. If common property is located within the plat,
then provisions for its use, maintenance and ownership must also be
provided with the plat.
(3)
Certificates. All final plats shall provide all the
certificates required by § 236.21, Wis. Stats.
C.
Final plat review and approval.
(1)
The Department shall provide the Land Management Committee
with its conclusions as to whether the final plat substantially conforms
to the preliminary plat and with its recommendation on approval of
the final plat. The conclusions and recommendation shall be made a
part of the public record at the proceeding which the final plat is
being considered and are not required to be submitted in writing.
The Land Management Committee shall examine the final plat as to its
substantial conformance with the approved preliminary plat, any conditions
of approval of the preliminary plat and the requirements of this chapter.
[Amended 11-9-2010 by Ord. No. 10-05]
(2)
The Land Management Committee shall not grant final
approval until the state plat review agency has submitted a letter
of no objection to the plat and the appropriate township(s) has indicated
agreement to accept any dedications.
(3)
The Land Management Committee shall approve or reject
the final plat and shall state in writing any reasons for rejection.
(4)
Failure of the Land Management Committee to act within
60 calendar days of submittal of the final plat shall constitute an
approval of the final plat, unless such time is extended by agreement
with the applicant.
[Amended 11-9-2010 by Ord. No. 10-05]
Within 12 months after the last approval and
36 months from the first approval, the plat shall be filed by the
applicant for recording with the Register of Deeds of Pierce County
in accordance with § 236.25, Wis. Stats. Failure to record
the plat within 12 months after the last approval and 36 months from
the first approval shall nullify the approval of the final plat.
Any replat of a recorded plat or part thereof
shall be done in accordance with § 236.36, Wis. Stats.
A.
Parks, playgrounds, and open spaces. The Land Management
Committee shall require that suitable sites not to exceed 10% of the
total area of the subdivision be dedicated for future public use such
as parks, playgrounds and open spaces, subject to acceptance thereof
by the county or town.
B.
Streets, drainageways, other public ways. Any part
of a street, drainageway, or other public way which is indicated on
the plat shall conform to the arrangement, width and location indicated,
and shall be dedicated for such use, subject to acceptance thereof
by the county, town, or other public agency or commission. If a town
elects not to accept the street, drainageway, or other public way
or the improvements thereon, at the time of plat approval, such streets
or improvements shall be shown as to be dedicated to the public on
the plat. Unless specifically waived by the Land Management Committee,
when the town is ready and able to accept such streets, drainageways
or other public ways together with improvements thereon, the developer
of the plat shall take necessary legal steps to make such dedications
and include this commitment in covenants related to the plat or shall
state this commitment on the face of the plat.
C.
Payment in lieu of dedication. At the option of the
Land Management Committee, as an alternative to required dedication
of parks, playgrounds and open spaces, a fee as established by the
county shall be paid by the applicant to the county.
D.
Land on water's edge. Dedications of public access on navigable lakes and streams as required by the state shall be as required in § 236.16, Wis. Stats. At the option of the Land Management Committee, such required dedications may count toward the area of any dedication required by the county in Subsection A of this section. Such dedication as required by the state shall not reduce the required payment in lieu of dedication should the area dedicated under this subsection not count toward the area of any dedication required by the county in Subsection A of this section.
