It is recommended that, prior to the filing
of an application for the approval of a preliminary plat, the subdivider
consult with the City Plan Commission and/or its staff in order to
obtain their advice and assistance. This consultation is neither formal
nor mandatory but is intended to inform the subdivider of the purpose
and objectives of this chapter, the Comprehensive Plan, Comprehensive
Plan components, neighborhood plans, and duly adopted plan implementation
devices of the City and to otherwise 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.
Before submitting a final plat for approval,
the subdivider shall prepare a preliminary plat and a letter of application.
The preliminary plat shall be prepared in accordance with this chapter,
and the subdivider shall file an adequate number of copies of the
plat and the application with the City Clerk together with all necessary
fees at least 15 days prior to the meeting of the City Plan Commission
at which first consideration is desired. In addition:
A.
The Clerk or the subdivider shall distribute the preliminary
plat for review as required by §§ 236.10 to 236.12,
Wis. Stats. The Wisconsin Department of Administration, Department
of Transportation and Department of Commerce shall hereafter be referred
to as "objecting agencies."[1]
(1)
The preliminary plat shall be distributed as follows:
(a)
Four copies to the County Planning Department.
(b)
Two copies to the Wisconsin Department of Administration,
with additional copies for each state agency required to review the
plat for retransmission to those agencies as follows:
[1]
Two copies to the Wisconsin Department of Transportation
if the subdivision abuts or adjoins a state trunk highway, as required
by Chapter Trans 233, Wis. Admin. Code.
[2]
Two copies to the Department of Commerce if
the subdivision is not served by a public sewer and provision for
such service has not been made.
[3]
Two copies for the Department of Natural Resources
if shorelands or floodlands are contained within the proposed subdivision.
(c)
Copies as required by the City Engineer to the
Plan Commission.
(2)
In addition, any appropriate fees paid by the subdivider
for the required state agency reviews shall be forwarded by the City
Clerk to the Department of Administration if the subdivider does not
submit the preliminary plat directly to the Department of Administration.
B.
The City Clerk shall also transmit a copy of the preliminary
plat to all affected City boards, commissions or departments, the
Southeastern Wisconsin Regional Planning Commission, school districts
and all affected local utility companies for their review and recommendations
concerning matters within their jurisdiction. Their recommendations
shall be transmitted to the City Plan Commission within 30 days from
the date the plat is filed. The preliminary plat shall then be reviewed
by the City Plan Commission for conformance with this chapter and
all ordinances, rules, regulations, comprehensive plans and comprehensive
plan components, and neighborhood plans.
The objecting agencies shall, within 20 days
of the date of receiving their copies of the preliminary plat, notify
the subdivider and all other approving and objecting agencies of any
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
Clerk. If an objecting agency fails to act within 20 days, it shall
be deemed to have no objection to the plat. In addition:
A.
The City Plan Commission shall, within 90 days of
the date of filing of a preliminary plat with the City Clerk, approve,
approve conditionally, or reject such plat. One copy of the plat shall
thereupon be returned to the subdivider with the date and action endorsed
thereon, and, if approved conditionally or rejected, a letter setting
forth the conditions of approval or the reasons for rejection shall
accompany the plat. One copy each of the plat and letter shall be
placed in the City Plan Commission's permanent file.
B.
Failure of the City Plan Commission to act within
90 days shall constitute an approval of the plat as filed.
C.
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 six months of preliminary
plat approval and conforms substantially to the preliminary plat layout
as indicated in § 236.11(1)(b), Wis. Stats., the final plat
shall be entitled to approval with respect to such layout. 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 City Plan
Commission at the time of its submission.
The subdivider shall prepare a final plat and
a letter of application in accordance with this chapter and shall
file an adequate number of copies of the plat and the application
with the City Clerk at least 25 days prior to the meeting of the City
Plan Commission at which action is desired. In addition:
A.
The Clerk or the subdivider shall distribute the final
plat for review as required by §§ 236.10 to 236.12,
Wis. Stats. The Wisconsin Department of Administration, Department
of Transportation and Department of Commerce shall hereafter be referred
to as "objecting agencies."[1]
(1)
The final plat shall be distributed as follows:
(a)
Four copies to the County Planning Department.
(b)
Two copies to the Wisconsin Department of Administration,
with additional copies for each state agency required to review the
plat for retransmission to those agencies as follows:
[1]
Two copies to the Wisconsin Department of Transportation
if the subdivision abuts or adjoins a state trunk highway, as required
by Chapter Trans 233, Wis. Admin. Code.
[2]
Two copies to the Department of Commerce if
the subdivision is not served by a public sewer and provision for
such service has not been made.
[3]
Two copies for the Department of Natural Resources
if shorelands or floodlands are contained within the proposed subdivision.
(c)
Copies as required by the City Engineer to the
Plan Commission.
(2)
In addition, any appropriate fees paid by the subdivider
for the required state agency reviews shall be forwarded by the City
Clerk to the Department of Administration if the subdivider does not
submit the final plat directly to the Department of Administration.
B.
The City 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 ordinances,
rules, regulations, comprehensive plans and comprehensive plan components
which may affect it and shall recommend approval or rejection of the
plat to the Common Council.
C.
Partial platting. If permitted by the Common Council,
the approved preliminary plat may be final platted in phases with
each phase encompassing only that portion of the approved preliminary
plat which the subdivider proposes to record at one time; however,
it is required that each such phase be final platted and be designated
as a "phase" of the approved preliminary plat.
The objecting 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.
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 Plan Commission.
If an objecting agency fails to act within 20 days, it shall be deemed
to have no objection to the plat.
A.
Submission. If the final plat is not submitted within
six months of the last required approval of the preliminary plat,
the Common Council may refuse to approve the final plat.
B.
The City Plan Commission shall, within 30 days of
the date of filing of the final plat with the City Clerk, recommend
approval or rejection of the plat and shall transmit the final plat
and application along with its recommendations to the Common Council.
C.
Notification. The City Plan Commission shall, at the
time it recommends approval or rejection of a plat to the Common Council
and at least 10 days prior to any action of the Common Council, give
notice of its recommendation to the Clerk of any municipality within
1,000 feet of the plat.
D.
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 of 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.
E.
Failure of the Common Council to take action on the
plat within 60 days, the time having not been extended and no unsatisfied
objections having been filed, the plat shall be deemed approved.
F.
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 filed, 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 subdivider
shall record the plat with the County Register of Deeds within 30
days of the date of the last approval.[1]
A.
When it is proposed to replat a recorded subdivision, or part thereof, so as to change the 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 as specified in §§ 278-16 through 278-20.
B.
The City Clerk shall schedule a public hearing before
the City Plan Commission when a preliminary plat of a replat of lands
within the City or its extraterritorial jurisdictional limits is filed
and shall cause notices of the proposed replat and public hearing
to be mailed 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 exterior boundaries of the proposed
replat.
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 1/2 acres in size (thus not constituting a subdivision as defined in § 278-86 of this chapter), 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 Clerk at least 15 days prior to the meeting of the City Plan Commission at which action is desired.
A.
The City Clerk shall, within two normal workdays after
filing, transmit the copies of the map and letter of application to
the City Plan Commission.
B.
The City Plan Commission 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 City Plan Commission
within 10 days from the date the map is filed. The map shall be reviewed
by the City Plan Commission for conformance with this chapter and
all ordinances, rules, regulations, comprehensive plans and comprehensive
plan components, and neighborhood plans.
C.
The City Plan Commission shall, within 30 days from
the date of filing of the map, recommend approval, conditional approval
or rejection of the map and shall transmit the map along with its
recommendations to the Common Council.
D.
The Common Council shall approve, approve conditionally
and thereby require resubmission of a corrected certified survey map,
or reject such certified survey map within 60 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. The subdivider shall record the map with
the County Register of Deeds within 30 days of its approval by the
Common Council.
F.
Copies. The subdivider shall file 10 copies of the
certified survey map with the City Clerk for distribution to the City
Engineer, Building Inspector, Assessor, and other affected departments
for their files.
