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City of Marion, WI
Shawano, Waupaca County
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Table of Contents
Table of Contents
A. 
Before filing an application for a preliminary plat or land division for approval, the subdivider should consult the City staff for advice and assistance. This step is strongly recommended, and a sketch plan of the proposed subdivision should be provided for preliminary consultation.
B. 
The intent of the preliminary consultation is to allow for the subdivider to become familiar with the submittal requirements of this chapter, adopted regional, county and City comprehensive plans, or adopted plan components, and duly adopted plan implementation ordinances of the City and to otherwise assist the subdivider in planning his development. In so doing, the subdivider will gain a better understanding of the subsequent required procedures. Additionally, it is intended that both the subdivider and the planning staff may reach mutual conclusions regarding the proposed subdivision prior to the expenditure of significant engineering and surveying resources.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
C. 
A sketch plan of the proposed subdivision or land division and contiguous land within 200 feet of the proposed borders drawn on a topographic survey map should be submitted. The sketch plan should identify property boundaries, proposed roads, total acreage of plat, number of proposed lots, and general lot layout, showing proposed lot widths and depths in accordance with relative zoning regulations, and any proposed dedications or easements; slopes exceeding 12%; general conditions, including wetlands, floodplains, erosion hazard areas, drainageways, rock outcroppings, and vegetation; proposed filling, grading, lagooning, or dredging; existing and proposed zoning; and a sketch of all contiguous property owned or controlled by the subdivider.
D. 
Consultation with Common Council. At the discretion of the City staff, the sketch plan may, depending on conditions, need additional review with the Common Council prior to preliminary plat or land division submittal. If so directed by the City staff, the subdivider shall file a request for a consultation with the Common Council. This request must be filed at least 10 days prior to the Common Council meeting at which it will be discussed. Within seven days after receiving such a request the City staff shall notify the subdivider and the City Clerk-Treasurer of the date, time and place of this meeting. The subdivider shall then provide nine copies of the sketch plan with seven copies to be provided to the Common Council and two copies to the City Clerk-Treasurer.
Before submitting a final plat for approval, the subdivider shall prepare a preliminary plat in accordance with Article V of this chapter. The subdivider shall file the required number of copies of the preliminary plat as outlined in Subsection D and a letter of application with the City Clerk-Treasurer at least 10 days prior to the meeting of the Common Council at which action is desired. The letter of application must indicate that copies of the plat are on file with the utility companies having jurisdiction over the subject area so that adequate provisions can be made by the utility companies to serve the proposed subdivision. Submittal shall be in accordance with the following:
A. 
Area development plan (ADP). Any preliminary plat application for a proposed subdivision located within a City growth area as identified in the City of Marion Comprehensive Plan or within a sanitary district boundary shall include an area development plan.
B. 
The process by which the ADP is developed shall be determined by the City.
C. 
The format, study area, and information included in the ADP at a minimum shall include existing and proposed:
(1) 
Property lines and lots.
(2) 
Roads and bicycle/pedestrian routes.
(3) 
Land uses.
(4) 
Natural features and environmentally sensitive areas.
(5) 
Utilities and community facilities.
D. 
The City Clerk-Treasurer shall, within seven days after filing, transmit copies of the plat to the following agencies:
(1) 
Seven copies to the Common Council (approving authority).
(2) 
One copy of all plats abutting or adjoining City roads shall be submitted by the Clerk-Treasurer to the County Surveyor/Highway Engineer (advisory authority) for review and recommendations with regard to access safety and design standards set forth in the City Code.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
(3) 
Two copies to the County Planning Department (approving authority).
(4) 
Two copies to the Wisconsin Department of Administration (objecting authority).
(5) 
Two copies to the Wisconsin Department of Transportation (objecting authority), if the subdivision abuts or adjoins a state trunk highway or connecting street.
(6) 
Two copies to the Department of Safety and Professional Services (objecting authority), if the subdivision is not served by a public sewer and provision for such service has not been made.
(7) 
Two copies to the Wisconsin Department of Natural Resources (objecting authority), if the subdivision is within the shoreland jurisdictional area.
E. 
Alternate procedure. In accordance with § 236.12(6), Wis. Stats., the subdivider or his agent may submit the original drawing of the preliminary plat directly to the Wisconsin Department of Administration, which will prepare and forward copies of the original plat to each of the state agencies required to review it. When this procedure is used it shall be the responsibility of the subdivider or his agent to submit copies of the plat to the approving authorities as specified in Subsection D of this section.[2]
[2]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
The objecting authorities shall, within 20 days of the date of receiving their copies of the preliminary plat, notify the subdivider and all other approving and objecting authorities of any objections. If there are no objections, they shall so certify on the face of a copy of the plat and shall return that copy to the Common Council. If an objecting authority fails to act within 20 days it shall be deemed to have no objections to the plat. However, when the plat is submitted under the alternate procedure listed in § 614-19E, the Plat Review Program, Wisconsin Department of Administration, shall have 30 days in which to object to the plat.
A. 
The City Zoning Administrator shall inform the City Clerk-Treasurer not less than 20 days in advance of the date, time and place of the Common Council meeting at which the plat will be reviewed.
B. 
The Common Council shall review the plat for conformance with this chapter and all other ordinances, rules, regulations and adopted regional, county and City comprehensive plans or adopted plan components which affect the plat.
C. 
The Common Council, within 90 days of the date of filing of a preliminary plat with the City Zoning Administrator, shall approve, approve conditionally, or reject such plat, unless the time is extended by agreement with the subdivider. 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 of the plat and letter shall be placed in the City Plan Commission's file.
D. 
Failure of the Common Council to act within 90 days of the filing date shall constitute an approval unless the time is extended by agreement with the subdivider.
E. 
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 36 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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
The subdivider shall prepare a final plat in accordance with Article VI of this chapter and shall file the required number of copies of the final plat as outlined in § 614-19D and a letter of application with the City Zoning Administrator at least 25 days prior to the meeting of the Common Council at which action is desired. In addition to the required paper copies, an electronic submittal of the final plat in original format to the City is encouraged. The Common Council staff shall examine the final plat and all necessary certificates as to their conformance with the approved preliminary plat, including any conditions of approval of the preliminary plat, and all applicable City ordinances, rules, regulations, and adopted City comprehensive plans or adopted plan components that may affect the plat.
A. 
The City Zoning Administrator or City Clerk-Treasurer shall, within seven days after filing, transmit copies of the plat to the agencies identified in § 614-19D of this chapter which are required to review the plat.
B. 
Alternate procedure. The subdivider or his agent may submit the original drawing of the final plat directly to the Wisconsin Department of Administration as provided in § 614-19E of this chapter.
C. 
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.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
The objecting authorities shall, within 20 days of the date of receiving their copies of the final plat, notify the subdivider and all other approving and objecting authorities of any objections. If there are no objections, they shall so certify on the face of a copy of the plat and shall return that copy to the Common Council. If an objecting authority fails to act within 20 days, it shall be deemed to have no objection to the plat. However, when the plat is submitted under the alternate procedure listed in § 614-21B, the Wisconsin Department of Administration shall have 30 days in which to object to the plat.
A. 
The City Zoning Administrator shall inform the City Clerk-Treasurer not less than 20 days in advance of the date, time and place of the Common Council meeting at which the plat will be reviewed.
B. 
The Common Council 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 and adopted regional, county and City comprehensive plans or adopted plan components which may affect the plat.
C. 
The Common Council shall, within 60 days of the date of filing of the final plat with the City Zoning Administrator, approve, approve conditionally or reject the 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. If the plat is approved, the Common Council shall not inscribe its approval on the face of the original final plat until the City Zoning Administrator certifies on the face of the original final plat that copies were forwarded as required by § 614-21A of this chapter, the date thereof, and that no objections have been filed within 20 days or, if filed, have been satisfied. If the plat was submitted under the alternate procedure outlined in § 614-21B of this chapter, certification of no objections on the face of the final plat shall be signed by the Wisconsin Department of Administration rather than the City Zoning Administrator.
D. 
Failure of the Common Council to act within 60 days, the time having not been extended and no unsatisfied objections having been filed, the plat shall be deemed approved.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
After the final plat has been approved by the Common Council and any other approving authorities, the subdivider shall record the plat with the County Register of Deeds in accordance with § 236.25, Wis. Stats.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
When a replat of a recorded subdivision or part thereof is proposed so the boundaries are to be changed and/or areas to be dedicated to the public are to be altered, the subdivider shall initiate action to vacate or alter the recorded plat as provided by §§ 236.36 through 236.44, Wis. Stats. Both the title of the replat and the title of the original plat appear in the surveyor's certification. The subdivider, or person desiring to replat, shall then proceed as specified in §§ 614-18 through 614-23 of this chapter.
A. 
The City Zoning Administrator shall schedule a public hearing before the Common Council when a preliminary plat of a replat of lands within the City's jurisdiction 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.[1]
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).
B. 
The subdivider shall furnish the names of all property owners within 200 feet of the exterior boundaries of the proposed replat to the City Zoning Administrator. Such names shall be obtained from the approved county tax roll.
A condominium plat prepared by a land surveyor registered in Wisconsin is required for all condominium plats or any amendments or expansions thereof. Such plat shall comply in all respects with the requirements of § 703.11, Wis. Stats., and shall be reviewed and approved or denied in the same manner as a subdivision plat as set forth in §§ 614-18 through 614-23 of this chapter. Such plat shall comply with the design standards, improvement, and all other requirements of this chapter that would otherwise apply to subdivision plats, including but not limited to those set forth in Articles VIII and IX of this chapter.
When it is proposed to divide land into not more than four parcels or building sites, or to divide a block, lot or outlot within a recorded subdivision plat into not more than four parcels or building sites without changing the exterior boundaries of said block or outlot, the subdivider shall subdivide by use of a certified survey map prepared in accordance with Article VII of this chapter and shall file seven copies of the map and letter of application with the Plan Commission at least 25 days prior to the meeting of the Plan Commission at which action is desired. In addition to the required paper copies, an electronic submittal of the certified survey map in original format to the City is encouraged.
A. 
City review. The City Plan Commission or designee shall review the map for conformance with this chapter and all ordinances, accuracy standards as set forth in Ch. 236, Wis. Stats., rules, regulations and adopted regional, county and City comprehensive plans or adopted plan components which affect it. The City Plan Commission shall, within 90 days from the date of filing of the map, approve, approve conditionally, or reject the map, unless the time is extended by agreement with the subdivider. If the map is rejected, the reason shall be provided in writing to the subdivider. If the map is approved, the City Plan Commission shall so certify on the face of the original map and return the map to the subdivider. At the discretion of the City Plan Commission, the map may, depending on conditions, need additional review by the Common Council. If so directed by the City Plan Commission, the Common Council shall review the map in accordance with and within the timeline established in this section. If the map is rejected by the Common Council, the reason shall be stated in the minutes of the meeting and a written statement forwarded to the subdivider.
B. 
Common Council approval. The Common Council shall also approve the certified survey map regardless of the inclusion of public improvements.
C. 
Recordation. The subdivider shall record the map with the County Register of Deeds in accordance with § 236.34, Wis. Stats. Failure to do so will necessitate reapproval of the map by the Common Council.
[1]
Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).