[4-20-1976; 6-16-2015; 2016 Code]
(A) Preparation and application for approval. The subdivider shall prepare
a preliminary plat of the proposed subdivision which shall conform
to the requirements set forth in this title and chapter 236 of the
Wisconsin statutes, and shall file with the city engineer an application
in writing for the approval of the preliminary plat accompanied by
10 black line or photostatic copies at least 15 days before the meeting
of the city plan commission at which action is desired.
(B) Review by other agencies. The preliminary plat will be checked by
the city plan commission as to its conformity with the comprehensive
plan and the principles, standards and requirements set forth in this
title and copies of the preliminary plat shall be referred for recommendations
or other action as follows:
(1)
Plats within the city. In the case of plats within the city,
to the city engineer for checking of matters within his or her jurisdiction,
and to the director of public works for checking of matters within
his or her jurisdiction, and approval of the improvements proposed
to be installed.
(2)
Plats outside the city. In the case of plats outside the corporate
limits of the city, to the appropriate county board, commission or
agency for checking of matters within the jurisdiction of the county;
to the city engineer for checking of matters within his or her jurisdiction,
to the director of public works for checking of matters within his
or her jurisdiction and to the board of the town in which the subdivision
is located for checking of matters within the jurisdiction of the
town.
(3)
Plats containing five or more parcels. In the case of plats
containing five or more parcels or building sites of 1 1/2 acres
each or less, or where such are created by successive divisions within
a period of five years, to all proper agencies of the state of Wisconsin
as are required by law to review all or pertinent sections of subdivisions.
(C) Preliminary plat approval.
(1)
Upon receipt of the recommendations or other action concerning
matters covered in subsection (b) of this section, the city plan commission
shall approve or disapprove the preliminary plat, or approve it with
modifications noting thereon any changes that will be required. One
copy will be returned to the subdivider with the date of said approval
or disapproval endorsed thereon. Similar copies shall be transmitted
to the city engineer and the superintendents of utilities. The approval
of the preliminary plat by the plan commission is to be considered
only as an approval of the general layout with the understanding that
the city engineer or other officials having jurisdiction, including
the plan commission and the council, may modify any engineering or
construction details proposed by the subdivider whenever required
for the protection of the public interest and before approval of the
final plat.
(2)
The city plan commission may refuse to approve a plat submitted
by a subdivider which conforms to the minimum development standards
of the city for the following reasons:
A)
The preliminary or final plat is not concerned with the best
use of the land for the area.
B)
It is not the intent of the city to allow subdivisions to be
developed in exact accordance with the minimum standards established
by the city.
C)
A proposed or final plat as prepared by the subdivider has not
concerned itself with the aesthetic values of the area which the city
desires.
D)
The unavailability of, or inability of the city to provide,
adequate services for the area when the plat is submitted for consideration.
E)
The possible adverse effect that such plat would cause upon
the city property tax base or the school tax base of the joint district
number 3682.
F)
Such other reasons determined by the city plan commission.
[4-20-1976; 5-18-1993; 2016 Code]
(A) Surety bond. Before the final plat of the subdivision is approved,
the subdivider shall file with the city plan commission a surety bond
in a sum sufficient to cover 10 percent of the costs of the completion
of all required work as demanded by this Title, including required
streets and utility improvements. In the case of a phased development
of public improvements, the subdivider shall file with the city plan
commission a surety bond in a sum sufficient to cover 10 percent of
the cost of each phase of the subdivision. Said bond shall be executed
before the commencement of each phase of the subdivision. Such bond
shall be executed by the subdivider as principal, and a corporation
authorized to do so under the laws of the state as surety, payable
to the city and shall be conditioned on the faithful performance of
all work encompassed in this title.
(B) Cash in lieu of bond. In lieu of bond, the subdivider may deposit
with the city a sum of money in cash equal to 10 percent of the estimated
cost of the work as established by the city engineer. In the case
of a phased development of public improvements, in lieu of bond, the
subdivider may deposit with the city a sum of money in cash equal
to 10 percent of the estimated cost of the public improvements of
each phase of the subdivision as established by the city engineer.
Said cash shall be deposited before the commencement of each phase
of the subdivision.
(C) Deposit and approval of cash or bond. Said bond, or the cash equivalent,
shall be deposited with the city by submitting the same to the city
clerk and must be approved by the council before approval of the final
plat by the city plan commission. Said bond or the cash equivalent
deposit shall be conditioned that if the subdivider fails to complete
all work required in the subdivision within a reasonable time, the
city, at its option, may cause all work to be completed and the parties
executing the bond shall be firmly bound for the payment of all necessary
costs therefor.
(D) Number of copies, certificate of title. The subdivider shall file
with the city plan commission 10 black line or blueprints or photostatic
copies of the final or record plat which shall conform in every respect
with the requirements specified in this title and in chapter 236 of
the Wisconsin statutes. These shall be accompanied by a certification
of title showing the ownership of all lands to be dedicated to the
public and that the title thereof is free and unencumbered. Filing
of the plat with the Plan Commission shall be accompanied only by
delivery of the copies to the city engineer. No action on said plat
shall be taken by the city plan commission unless the copies have
been deposited with the city engineer for 15 days and the city engineer
has submitted his or her report to the city plan commission under
subsection (E) of this section.
(E) Checking by city engineer. A copy of the final plat thus filed shall
be transmitted to the city engineer who will check the final plat.
The city engineer shall provide a copy of the final plat to the director
of public works, or his or her designee, for review and approval.
If found satisfactory, he or she shall deliver the plat to the city
plan commission, with a certificate showing that the technical details
of the plat have been checked and found satisfactory, a statement
indicating the necessary work that must be performed by the subdivider
before the completion of the subdivision and a statement of the estimated
cost of all said projects to establish the basis of the bond required
by this section.
(F) Review by other agencies. Where a preliminary plat is subject to
review by any state agency, the final plat shall also be submitted
to such agency.
(G) Final plat approval. If no objection to final plat is made by any
of the state agencies concerned or after 20 days from the date of
submission of the plat to said agencies, and after a copy of the final
plat and the certificate required by subsection (E) of this section
has been received by the city plan commission and if the final plat
is found to conform with the preliminary plat as tentatively approved
or as modified by the city officials, the city plan commission may
approve the final plat and enter such approval thereon in writing
by its chairperson and secretary.
[9-4-2001; 2016 Code]
Upon approval of the final plat, the plan commission shall transmit
said plat, and all certificates and notations required by law, to
the council. The council shall approve, disapprove or partially approve
the plat. Acceptance of the plat by the council shall constitute acceptance
by the public of the dedication of any street or other proposed public
way or space shown on said plat. In the case of a subdivision outside
the corporate limits of the city, the plat shall be referred to the
county officials and the town board of the town in which the subdivision
is located for such action as may be necessary to accept the plat.
Nothing contained in this section shall be considered acceptance by
the city of the improvements placed upon said property, the requirements
of which are set forth elsewhere in this chapter.
[9-4-2001; 2016 Code]
The subdivider shall file with the city clerk and city engineer
a true copy of the final recorded plat. No bond or cash in lieu of
bond shall be returned until the final recorded plat has been filed
with the city clerk and city engineer, and the other requirements
of this chapter have been met.