[Code 1992, § 18.04(3)(a)]
(a)
Within six months after approval of the preliminary plat by the plan commission, the subdivider at his expense shall file with the city clerk an application for approval of the final plat covering all or a part of the approved preliminary plat. Such application shall include the original, the required number of copies of the final plat as set forth in subsection (c) of this section, copies of supporting documents and prints of plans and specifications for land improvements required to be installed by the subdivider. The final plat shall retain the design characteristics of the approved preliminary plat, except the plan commission may require such changes or revisions in the subdivision design features when necessary in the interest and needs of the community in keeping with the provisions of this chapter.
(b)
Where less than the entire land area shown in the preliminary plat
is contained in the final plat to be filed for record, the recordations
of such final plat shall automatically extend the approval of the
unrecorded balance of the preliminary plat for successive six-month
periods.
(c)
Within two days of receipt of an application for final plat approval,
the clerk shall forward legible copies, together with a list of the
authorities to which the plat must be submitted for approval under
W.S.A., § 236.10, furnished by the subdivider at his expense,
as follows:
(1)
One copy to the official file.
(2)
Two copies to the plan commission.
(3)
Two copies to the city engineer.
(4)
The original or two copies for each of the state agencies required
to review the plat to the department of development which shall examine
the plat for compliance with W.S.A., §§ 236.15, 236.16,
236.20 and 236.21(1) and (2).
[Code 1992, § 18.04(3)(b)]
(a)
The plan commission shall make its report to the city council in
writing indicating approval or disapproval of the final plat within
90 days after receipt of such plat from the city clerk and if its
advice is negative, the report shall set forth the basis of disapproval.
However, if the plan commission requires amendment of the final plat,
the time for filing by the plan commission on the amended final plat
may be extended 90 days after receipt of such amended plat. The amended
final plat shall be refiled, in keeping with the provisions of this
article, with the city clerk for referral to the plan commission.
(b)
When the plan commission has approved the final plat, it shall be
signed by the chairman and attested by the recording secretary on
the form approved.
(c)
After approval by the plan commission, two legible copies of the
final plat shall be forwarded to the council, together with a letter
of transmittal and report calling attention to variations (if any)
recommended by the plan commission and the reasons thereto, and conveying
to the council such other information as the plan commission may deem
necessary. The plan commission shall also submit to the city council
the supporting documents and plans and specifications for land improvements
accompanying the final plat.
(d)
The city council shall approve or reject the final plat within 60
days of its submission by the subdivider, unless the time is extended
by agreement with the subdivider and the time of such extension is
entered upon the minutes of the city council meeting. If the plat
is rejected, the reasons shall be stated in the minutes of the council
meeting and a copy of such reasons or a written statement of such
reasons shall be supplied the subdivider and his surveyor.
(e)
The city clerk shall certify on the face of the original drawing that the copies referred to in subsection (d) of this section were forwarded as required and the date thereof, and that no objections to the plat have been filed within a twenty-day limit set by W.S.A., § 236.12(4), or if filed, have been met.
(f)
Upon approval by the city council, the clerk shall secure from the
subdivider at his expense two copies of the final plat, three copies
of all supporting documents and three sets of prints of plans and
specifications for land improvements. The final plat in exact form
as approved by the city council shall be filed for record with the
county register of deeds by the city clerk. The city clerk shall also
have the recording data placed upon such prints. The subdivider shall
pay the recording fees.
(g)
The city clerk shall retain one copy of the supporting documents,
and one set of prints of plans and specifications for land improvements
for the official file and deliver to the city engineer and plan commission
each a print of the final plat and one copy of the supporting documents,
and two sets of prints of the plans and specifications for land improvements
to the city engineer.
[Code 1992, § 18.04(3)(c)]
The final plat shall show the following:
(1)
Generally. The final plat shall be prepared in accordance with requirements of W.S.A., § 236.20, and shall show all information contained on the preliminary plat in accordance with requirements of section 66-60, except section 66-60(1) and section 66-60(2)b—(2)h inclusive, and section 66-60(3)(d) and section 66-60(3)(g) and all other surveying and engineering data and information as required by W.S.A., § 236.20.
(2)
Certifications. The application for approval of the final plat shall
not be deemed completed until certificates required by W.S.A., ch.
236, other than subsections (2)i, (2)j and (2)k of this section, have
been duly executed.
a.
Owner's certificate of dedication:
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As owner(s), I (we) hereby certify that I (we) caused the land
described on this plat to be surveyed, divided, mapped and dedicated
as requested on the plat. I (we) also certify that this plat is required
by W.S.A., § 236.10 or W.S.A., § 236.12 to be
submitted to the following for approval or objection: (list governing
bodies required to approve or who may object to the plat).
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Witness the hand and seal of said owner(s) this _______ day
of ____________, 19 _____.
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In presence of:
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(Seal)
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owner's name
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(Seal)
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owner's name
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State of Wisconsin)
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) SS
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__________ County)
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Personally came before me this _____ day of _____, 19 _____,
the above named __________ to me known to be the person who executed
the foregoing instrument and acknowledged the same.
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(Notary Seal)
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Notary Public, , Wisconsin
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My commission expires .
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b.
Corporate owner's certificate of dedication:
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(corporate name)
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a corporation duly organized and existing under and by virtue
of the laws of the State of Wisconsin, as owner, does hereby certify
that said corporation caused the land described on this plat to be
surveyed, divided, mapped and dedicated as represented on this plat.
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(corporate name)
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does further certify that this plat is required by W.S.A., § 236.10
or W.S.A., § 236.12 to be submitted to the following for
approval or objection: (list governing bodies required to approve
or who may object to the plat).
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In witness whereof, the said __________ (corporate name) has
caused these presents to be signed by __________, its president, and
countersigned by __________, its secretary (cashier), at __________,
Wisconsin, and its corporate seal to be hereunto affixed on this _____
day of __________, 19 _____.
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In the presence of:
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Corporate Name
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(Corporate Seal)
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President
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Countersigned:
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Secretary or Cashier
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State of Wisconsin)
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__________ County)
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Personally came before me this _____ day of _____, 19 _____,
President, and __________, Secretary (cashier) of the above named
corporation, to me known to be the persons who executed the foregoing
instrument, and to me known to be such President and Secretary (cashier)
of said corporation, and acknowledged that they executed the foregoing
instrument as such officers as the deed of said corporation, by its
authority.
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(Notary Seal)
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Notary Public, __________, Wisconsin
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My commission expires __________.
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c.
Consent of mortgagee:
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I, __________, mortgagee of the above-described land, do hereby
consent to the surveying, dividing, mapping and dedication of the
land described on this plat, and I do hereby consent to the above
certificate of __________, owner.
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Witness the hand and seal of __________, mortgagee, this _____
day of ________, 19 _____.
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In the presence of:
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(Seal)
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Mortgagee
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State of Wisconsin)
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__________ County)
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Personally came before me this _____ day of _____, 19 _____,
the above named __________, to me known to be the person who executed
the foregoing instrument and acknowledged the same.
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(Notary Seal)
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Notary Public, __________, Wisconsin
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My commission expires __________.
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d.
Consent of corporate mortgagee:
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__________ (corporate name), a corporation duly organized and
existing under and by virtue of the laws of the State of Wisconsin,
mortgagee of the above-described land, does hereby consent to the
surveying, dividing, mapping and dedication of the land described
on this plat and does hereby consent to the above certificate of __________,
owner.
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In witness whereof, the said __________ (corporate name) has
caused these presents to be signed by __________, its President, and
countersigned by __________, its Secretary (cashier), at __________,
Wisconsin, and its corporate seal to be hereunto affixed this _____
day of __________, 19 _____.
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In the presence of:
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Corporate Name
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(Corporate Seal)
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President
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Countersigned:
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Secretary or Cashier
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State of Wisconsin)
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________________County)
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Personally came before me this _____ day of _____, 19 _____,
__________, president and __________, secretary (cashier) of the above
named corporation, and to me known to be such president and secretary
(cashier) of said corporation, and acknowledged that they executed
the foregoing instrument as such officers as the deed of said corporation,
by its authority.
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(Notary Seal)
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Notary Public, __________, Wisconsin
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My commission expires __________.
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e.
City engineer's certificate:
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State of Wisconsin)
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Walworth County)
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I, __________, city engineer of the City of Lake Geneva do hereby
certify that the land improvements described in this final plat and
plans and specifications therefor and street names shown in said plat
meet the requirements of the City of Lake Geneva and have been approved
by all public authorities having jurisdiction.
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Dated at Lake Geneva, Walworth County, Wisconsin, this _____
day of _____, 19 _____.
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City Engineer
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f.
Certificate of city clerk:
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State of Wisconsin)
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Walworth County)
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I, __________, being the duly appointed, qualified and acting
city clerk of the City of Lake Geneva, Wisconsin, do hereby certify
that copies of this plat were forwarded to all public authorities
having jurisdiction as required by W.S.A., § 236.12(2) on
the _____ day of __________, and that within the twenty-day limit
set by W.S.A., § 236.12(3) (no objections to the plat have
been filed) (all objections to the plat have been met).
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City Clerk
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Date
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g.
Plan commission certificate:
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State of Wisconsin)
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Walworth County)
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Approved this _____ day of _____, 19_____.
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Lake Geneva Plan Commission
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Chairman
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h.
City council resolution:
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Resolved, that the plat of __________, in the City of Lake Geneva,
Wisconsin, owner(s) be and the same, is hereby approved by the city
council.
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Signed
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President of the City Council
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I hereby certify that the foregoing is a true copy of a resolution
duly adopted by the city council of the City of Lake Geneva, Wisconsin,
on the _____ day of _____, 19 _____.
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City Clerk
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[Code 1992, § 18.05]
(a)
Prior to recording final plat. Prior to recording the final plat
in the office of the register of deeds:
(1)
Completion agreement. The subdivider shall file with the city clerk
an executed agreement that land improvements required by this chapter
to be installed by the subdivider in accordance with plans and specifications
approved by the city engineer shall be completed within two years
following approval of the final plat by the city council, and that
the subdivider shall comply with other applicable ordinances of the
city relative to payment for installation of required land improvements
to be completed by the city.
(2)
Completion bond, deposit or other security. The subdivider shall
post with the city clerk a completion bond for a penal sum sufficient
to cover the cost of the land improvements to be installed by the
subdivider as required by this chapter or, in lieu of a bond, a deposit
of cash or other security or undertaking acceptable to the city council.
If a completion bond or other guarantee is posted, there shall be
good and sufficient surety thereon, approved as to form by the city
attorney and conditioned upon the installation of such improvements
within two years following the approval of the final plat. If cash
or other security is deposited, it is to be used insofar as it is
sufficient to defray the cost of making such improvements. Any unused
balance will be returned to the depositor. There shall be no reduction
of that portion of the bond or other guarantee or deposit applying
to a particular improvement, unless and until that improvement is
complete and accepted or approved by the city council. The cost of
land improvements to be covered by the completion bond, cash deposit,
other security or undertaking shall be in accordance with cost estimates
for such improvements prepared by the city engineer and approved by
the city council.
(3)
Construction of curb and gutter or street project. If the developer
elects to proceed with the construction of the curb and gutter or
street project, he shall deposit with the city a total of 120% of
the construction bid. This may be made in the form of cash deposit
or an irrevocable letter of credit acceptable to the city attorney
at the city council's option.
(b)
Acknowledgment of bond; form. The completion bond shall be acknowledged
before a notary public by the principal and surety and shall be in
substantially the following form:
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Know all men by these presents, that: we, _____ as principal
and as surety, are firmly bound to the City of Lake Geneva, Wisconsin,
in the penal sum of $_____, lawful money of the United States of America,
for the payment of such sum, well and truly to be made, we bind ourselves,
our heirs, executors, administrators and assigns, jointly and severally,
by these presents.
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The condition of the above obligation is such that:
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Whereas, __________ has obtained, according to law and ordinances
of the City of Lake Geneva, approval of the (Plat of __________),
being a Subdivision of __________ in Walworth County, Wisconsin, conditioned
upon: (a) that by _____ date the making of certain land improvements
to wit: __________ _____ as more fully described in plans dated _______
and prepared by __________; (b) the execution and delivery of this
bond.
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Now, if the said __________ shall well and faithfully and in
a good and workman-like manner of good materials according to law
and ordinances of the City of Lake Geneva, and in conformity with
said plans dated __________ construct said improvements.
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Then this obligation shall be null and void; otherwise, the
same shall remain in full force and effect.
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In witness whereof, we have hereunto set our hands and seals
this _____ day of __________, 19 _____.
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Principal
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Surety
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NOTARY CERTIFICATE
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State of Wisconsin)
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) SS
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County of Walworth)
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I, __________, a Notary Public in and for said County, in the
state aforesaid, do hereby certify that __________ personally known
to me to be the same persons whose names are subscribed to the foregoing
instrument, appeared before me this day in person and acknowledged
that they signed the above instrument as their own free and voluntary
act for the uses therein set forth.
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Given under my hand and Notorial Seal this _____ day of __________,
19 _____.
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Notary Public
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(c)
Certification of city council approval. The city clerk shall not
certify the approval of the city council on the final plat until the
required bond, cash deposit, or any other security or undertaking
has been filed by the subdivider as required by this article and other
applicable ordinances of the city.
