Before filing a preliminary plat or certified survey map, the subdivider
is encouraged to consult with the Plan Commission for advice regarding general
subdivision requirements. Information on meeting dates, agenda deadlines and
filing requirements may be obtained from the City Clerk. 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
to otherwise assist the subdivider in planning his/her 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 a sufficient number of copies of the preliminary
plat for review by state and county agencies as required by § 236.12(2),
Wis. Stats., and six additional copies for City review. The preliminary plat
shall be prepared in accordance with the provisions of Ch. 236, Wis. Stats.
The City Clerk shall submit a copy of the preliminary plat to the Plan Commission
and a copy to the Public Works Director for review and a written report of
his/her recommendations and reactions to the proposed plat.
B.
Public improvements, plans and specifications. Simultaneously
with the filing of the preliminary plat of map, the owner shall file with
the City Clerk one complete set, or as many as specified by the Public Works
Director, of engineering reports, plans and specifications for the construction
of any public improvements required by this chapter, specifically addressing
sewer and water service feasibility, drainage facilities, traffic patterns,
typical street cross sections, erosion control plans, pavement design and
other improvements necessary 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 and proposed deed restrictions
or restrictive covenants, shall be submitted at the time of filing the preliminary
plat with the City Clerk.
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;
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 Plan Commission 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.
Street plans and profiles. The subdivider shall provide
street plans and profiles showing existing ground surface, and proposed and
established street grades, including extensions for a reasonable distance
beyond the limits of the proposed subdivision when requested.
G.
Soil testing. Upon the request of the Plan Commission, 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 § 474-9, the Public Works Director may 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.
H.
Referral to other agencies.
(1)
The City Clerk, within two working days after filing,
shall, in accordance with § 236.12(2), Wis. Stats., send copies
of the preliminary plat to those agencies required to receive copies thereof
under said statutory subsection.
(2)
Within 20 days of the date of receiving the copies of
the plat, any state or county agency having authority to object under § 236.12(2),
Wis. Stats., 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
an agency has no objections, it shall so certify on the face of a copy of
the plat and return that copy to the City Clerk. The plat shall not be approved
or deemed approved until any objections have been satisfied. If an agency
fails to act within the twenty-day limit it shall be deemed to have no objection
to the plat.
A.
Commission action.
(1)
The Plan Commission shall, within 40 days of the date
the plat was filed with the City Clerk, recommend to the Common Council approval,
conditional approval, or rejection of such plat and shall state, in writing,
any conditions of approval or reasons for rejection. The City Clerk shall
communicate to the subdivider the action of the Plan Commission.
(2)
Within 90 days after the filing of the preliminary plat,
the Common Council shall approve, approve conditionally, or reject the 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 the 90 days, or extension thereof, shall constitute
an approval of the preliminary plat. The City Clerk shall communicate to the
subdivider the action of the Common Council.
B.
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 Plan Commission, of such scope as to constitute
a new plat, in which such case it shall be filed as a new plat.
A.
Filing requirements.
(1)
The subdivider shall prepare a final plat in accordance
with § 236, Wis. Stats., and file a sufficient number of copies
thereof for review by state and county agencies as required under § 236.12(2),
Wis. Stats., and six additional copies for City review not later than 24 months
after the date of approval of the preliminary plat. Otherwise, the preliminary
plat and final plat shall be considered void unless an extension is requested
in writing by the subdivider and for good cause is granted by the City. The
subdivider shall submit with the final plat a current certified abstract of
title or title report prepared by a title insurance company 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.[1]
(2)
The City Clerk, within two days after filing shall, in
accordance with § 236.12(2), Wis. Stats., send copies of the final
plat to those agencies required to receive copies thereof under said statutory
subsection.
(3)
The final plat shall conform to the preliminary plat
as approved and to the requirements of all applicable ordinances and state
laws.
(4)
The City Clerk shall refer copies of the final plat to
the Plan Commission and to the Public Works Director or an engineering firm
selected by the City. The Public Works Director or engineering firm shall
examine the plat and final plans and specifications for public improvements
for technical compliance and shall report to the Plan Commission the findings
of such examination prior to the Commission's review of the final plat.
B.
Plan Commission 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 within 30 days of the filing of the final
plat.
(2)
The objecting state and county 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 an agency has no objections, it shall so certify on the face of the copy
of the plat and shall return that copy to the City. If an agency fails to
act within 20 days, it shall be deemed to have no objection to the plat.
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. Approval
by the Common Council may not be inscribed 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, if 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.
(3)
If the Common Council fails to act within 60 days and
the time has not been extended by agreement and no unsatisfied objections
have been filed, the plat shall be deemed approved.
D.
Recordation. After the final plat has been approved by
the Common Council and required improvements have been either installed or
a contract and sureties insuring their installation is 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 Register of Deeds shall not record
the plat unless it is offered within six months from the date of last approval.
E.
Final copies. The subdivider shall file 10 copies of
the approved final plat 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 Public Works Director.
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. When it is proposed to divide
land into at least two but no 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 this chapter), the subdivider shall prepare
a certified survey map in accordance with this chapter and shall file one
copy, or as many as directed by the City, of the map and the letter of application
with the City Clerk at least 15 days prior to the meeting of the Plan Commission
at which action is desired.
B.
Referral to Plan Commission. The City Clerk shall, within
four normal work days after filing, transmit the copies of the map and letter
of application to the Plan Commission.
C.
Review by other City agencies. The 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 Plan Commission within 10
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
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 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.[1]
F.
Copies. The subdivider shall file five copies of the
certified survey map with the City Clerk for distribution to the Public Works
Director, Building Inspector, Assessor and other affected departments for
their files.
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 boundaries of a recorded subdivision, or part thereof, the subdivider shall seek City approval of the replat utilizing the procedures in §§ 474-11 through 474-14 above, provided that if a proposed replat proposes to alter or vacate any areas dedicated to the public, any approval of the preliminary plat shall be conditioned upon the subdivider's obtaining a court order for the replat under §§ 236.40 through 236.44, Wis. Stats., as required by § 236.36, Wis. Stats., and notwithstanding any other provision of this chapter, no final plat shall be approved or be deemed to be approved until such court order has been obtained.
B.
Where lots are more than double the minimum size required
for the applicable zoning district, the City may require that such lots be
arranged so as to allow resubdivision of such parcels into normal lots in
accordance with the provisions of this 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 will be 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 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
within the current capital budget year 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 Public Works
Director and the appropriate committee(s) on the capacity of trunk lines and
of sewerage 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 within
the current budget year, 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 Public Works Director
and the appropriate committee(s) on line capacities, water sources and storage
facilities, as well as any other information presented.
(3)
The City Treasurer 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 Public Works Director 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
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 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.
F.
The above requirements shall not apply to those areas
outside the corporate limits of the City of Bayfield 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 Bayfield
public water distribution and/or public sewerage system if determined by the
Public Works Director to be feasible. If such connection(s) are not determined
feasible, the proposed land division shall provide for adequate on-site systems
and such special piping provisions as may be necessary to serve the anticipated
development during the interim period until such City public water and/or
sewerage systems are determined by the Public Works Director to be feasibly
available for connection. The subdivider, and his heirs and assigns, shall,
by written plat restriction, agree to abandon the interim water and sewerage
facilities and connect to the City public water and sewerage facilities upon
a determination by the Public Works Director that such facilities are available
for feasible connection.
A.
The purpose of requiring approvals under this chapter
is to insure the health, safety, morale, comfort, prosperity and general welfare
of the City. 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.
