City of Muskego, WI Article IV Land Division Procedures

§ 392-21 Preapplication.

A. It is recommended that prior to the filing of an application for the approval of a preliminary plat or certified survey map, the subdivider consult with the Public Works and Development Department and all affected utilities in order to obtain advice and assistance. This consultation is neither formal nor mandatory but is intended to inform the subdivider of the purpose and objectives of these regulations, the adopted regional, county or City comprehensive plans or adopted plan components and plan implementation ordinances 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 City and the subdivider will gain a better understanding of subsequent required procedures.

B. Prior to formal submittal of a preliminary plat as outlined below, the subdivider shall submit a preliminary sketch or concept plan for review by the Plan Commission and/or Common Council. The purpose of such a sketch is to gain tentative approval from the Plan Commission prior to expending time and resources on a preliminary plat. This review by the Plan Commission is not binding on either the City or the subdivider.

§ 392-22 Preliminary plat.

A. Review. Before submitting a final plat for approval, the subdivider shall prepare a preliminary plat, which shall be clearly marked "preliminary plat," and a letter of application. The preliminary plat shall be prepared in accordance with this chapter, and the subdivider shall file 40 folded copies of the plat with the City Clerk or designee (Public Works and Development Department) at least 45 days prior to the meeting of the Plan Commission at which action is desired. In addition:

(1) The City Clerk or designee (Public Works and Development Department) shall, within two normal workdays after filing, transmit two copies to the Wisconsin Department of Administration; additional copies to the Department of Administration for retransmission of two copies each to the Wisconsin Department of Transportation (WDOT), if the subdivision abuts or adjoins a state trunk highway or connecting highway, Department of Safety and Professional Services, if the subdivision is not served by a public sewer and provision for such service has not been made, and Department of Natural Resources, if navigable waters, shoreland/wetlands or floodlands are contained within the proposed subdivision. The Wisconsin Department of Administration, Department of Transportation, Department of Natural Resources and Department of Safety and Professional Services shall hereafter be referred to as "objecting agencies."[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(2) The Public Works and Development Department shall transmit four copies to the Waukesha County Park and Plan Commission, seven copies to the City Plan Commission, seven copies to the Common Council and one copy each to the following City departments/boards: Public Works and Development Department (to be reviewed by the Parks and Conservation Committee, if applicable), Conservation Coordinator, Police Department, City Assessor, and Fire Department for their review and recommendations concerning matters within their jurisdiction. The recommendations, if any, of City boards, commissions and departments 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.[2]

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(3) The Public Works and Development Department shall transmit two copies to the Wisconsin Natural Gas Company and one copy each to the Wisconsin Electric Power Company, Wisconsin Bell Telephone Company, the cable television franchisee and the Muskego-Norway School District for their review and information concerning matters within their jurisdiction. Their comments, if any, shall be transmitted to the City Plan Commission within 30 days from the date the plat is filed.

(4) The City Plan Commission is designated as the recommending agency with respect to design and layout of the preliminary plat under §§ 392-28 and 392-35 of this chapter.

(5) The County Park and Plan Commission is designated an approving agency when the plat is located in the extraterritorial plat approval jurisdiction of the City and is hereafter referred to as an objecting agency when the plat is located within the corporate limits of the City. The Southeastern Wisconsin Regional Planning Commission is an advisory planning agency created under § 66.0309, Wis. Stats., in part for the purpose of serving the City and its commissions, the county and its commissions, town boards or commissions and state agencies having jurisdiction under the provisions of this chapter.[3]

[3] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

B. Preliminary plat approval. 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 Plan Commission. If an objecting agency fails to act within 20 days, and the Department of Administration fails to act within 30 days, it shall be deemed to have no objection to the plat.

[Amended 8-19-2010 by Ord. No. 1327[4]]

(1) The City Plan Commission shall, within 60 days of the date of filing of a preliminary plat with the City Clerk, examine the preliminary plat as to its conformance with this chapter, consider review comments from objecting agencies, City staff and other agencies required to review and comment on the preliminary plat, and shall recommend approval, approval with conditions or rejection of the preliminary plat to the Common Council.

(2) The Common Council shall, within 90 days of the date of filing a preliminary plat with the City Clerk or designee, approve, approve conditionally or reject such plat. If the preliminary plat is approved conditionally or rejected, the City shall state, in writing, any conditions of approval or the reasons for rejection. One copy each of the plat and letter shall be placed in the Plan Commission permanent files.

(3) Failure of the Common Council to act within 90 days of the date of filing, or within the time as extended by agreement with the subdivider, shall constitute an approval.

(4) 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 provided under § 236.11(1)(b), Wis. Stats., the final plat shall be entitled to approval with respect to such layout. If the final plat is not submitted within 36 months of the last required approval of the preliminary plat, any approving authority may refuse to approve the final plat. An approved preliminary plat shall be deemed an expression of approval or conditional approval of the layout submitted and used as a guide in the preparation of the final plat, which will be subject to further consideration by the City Plan Commission and Common Council at the time of its submission.

(5) Upon approval or conditional approval of a preliminary plat from the Plan Commission or the Common Council, and after entering into the contract and providing the guarantee as described below, the subdivider may proceed with installation of subdivision improvements after approval of the engineering plans by the City Engineer and Public Works and Safety Committee, approval of all other applicable agencies and submittal to the City of copies of all permits and letters of approval and/or may submit a final plat for review. Prior to commencement, the subdivider shall enter into a contract with the City agreeing to install the required improvements and shall file with the contract a letter of credit, cash or certified check meeting the approval of the City Attorney in an amount 120% of the estimated cost of the improvements, such estimate to be made by the Finance Committee and Common Council upon the recommendation of the City Engineer, as a guarantee that such improvements will be completed by the subdivider or his subcontractors not later than one year from the date of recording of the plat and that they will remain in good repair for at least 14 months following substantial completion of the improvements and as a further guarantee that all obligations to subcontractors for work on the development are satisfied, subject to the following: the subdivider shall not submit the final plat for approval, and the final plat shall not be approved, until all required improvements are installed by the subdivider and accepted by the Common Council.

(6) If after the approval or conditional approval of the preliminary plat by either the Plan Commission or the Common Council the subdivider creates a substantial change to the subdivision layout, the City shall require the resubmittal of a preliminary plat in conformance with Subsection A above. A substantial change to the subdivision layout will be presumed to have occurred if the external boundaries of the subdivision plat are changed in any manner, there is an increase in the number of lots by more than 5%, there is a change in street configuration or a permitting agency denies a permit on which the plat depends. If the change is made at the request of the City, a substantial change shall not be presumed to have occurred and the subdivider may proceed with submittal of a final plat.

[4] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

C. Submittal requirements.

(1) General. A preliminary plat shall be required for all subdivisions and shall be based upon a survey by a professional land surveyor and the plat shall be prepared on tracing cloth, reproducible drafting film or paper of good quality at a preferred sheet size of 22 inches by 30 inches and a map scale of not more than 100 feet to the inch and shall show correctly on its face the following information:

(a) Title or name under which the proposed subdivision is to be recorded. Such title shall not be the same as or similar to a previously approved and recorded plat, unless it is an addition to a previously recorded plat and so stated on the plat.

(b) Property location of the proposed subdivision by government lot, quarter section, section, township, range, county and state.

(c) General location sketch showing the location of the subdivision within the United States Public Land Survey section.

(d) Date, graphic scale and North arrow.

(e) Names and addresses of the owner, subdivider and land surveyor preparing the plat.

(f) Entire area contiguous to the proposed plat owned or controlled by the subdivider shall be included on the preliminary plat even though only a portion of the area is proposed for immediate development. The Plan Commission may waive this requirement where it is unnecessary to fulfill the purposes and intent of this chapter and severe hardship would result from strict application thereof.

(2) Plat data. All preliminary plats shall show the following:

(a) Exact length and bearing of the exterior boundaries of the proposed subdivision referenced to a corner established in the United States Public Land Survey and total acreage encompassed thereby.

(b) Locations of all existing property boundary lines, structures and the first floor elevations thereof, drives, visible and known wells, streams and watercourses, all wetlands, rock outcrops, wooded areas, railroad tracks and other similar significant natural and man-made features within the tract being subdivided or immediately adjacent thereto, within a distance of 200 feet.

(c) Location, right-of-way width and names of all existing streets, alleys or other public ways, easements, railroad and utility rights-of-way and all section and quarter section lines within the exterior boundaries of the plat or immediately adjacent thereto, within a distance of 200 feet.

(d) Location and names of any adjacent subdivisions, parks and cemeteries and owners of record of abutting unplatted lands.

(e) Type, width and elevation of any existing street pavements within the exterior boundaries of the plat or immediately adjacent thereto, together with any legally established center-line elevations, based on the National Geodetic Vertical Datum of 1929.

(f) Location, size and invert elevation of any existing sanitary or storm sewers, culverts and drainpipes, location of manholes, catch basins, hydrants, and electric and communication facilities, whether overhead or underground, and the location and size of any existing water and gas mains within the exterior boundaries of the plat or immediately adjacent thereto, based on the National Geodetic Vertical Datum of 1929. If no sewers or water mains are located on or immediately adjacent to the tract, the nearest sewers or water mains which might be extended to serve the tract shall be indicated by their direction and distance from the tract, size and invert elevations.

(g) Corporate limits lines.

(h) Existing zoning on and adjacent to the proposed subdivision.

(i) Existing contours to National Map Accuracy Standards at vertical intervals of not more than two feet. Elevations shall be marked on such contours based on the National Geodetic Vertical Datum of 1929 and be so noted on the face of the document. At least two permanent bench marks shall be located in the immediate vicinity of the plat; the location of the bench marks shall be indicated on the plat, together with their elevations referenced to the National Geodetic Vertical Datum of 1929, and be so noted on the face of the document, and the monumentation of the bench marks clearly and completely described.

(j) High-water elevation of all ponds, streams, lakes, flowages and wetlands within the exterior boundaries of the plat or located within 100 feet therefrom referenced to the National Geodetic Vertical Datum of 1929 and so be noted on the face of the document.

(k) Water elevations of all streams, ponds, lakes, flowages and wetlands within the exterior boundaries of the plat and located within 100 feet therefrom at the date of the survey, referenced to the National Geodetic Vertical Datum of 1929 and so be noted on the face of the document.

(l) Floodplain limits of the one-hundred-year recurrence interval flood, as determined by the federal Flood Insurance Study or other technical document, or, where such data is not available, the elevation shall be determined by a registered professional engineer and the sealed documents shall be approved by the City Engineer. The contour line lying a vertical distance of two feet above the elevation of the one-hundred-year recurrence interval flood. or, where such data is not available, the elevation shall be determined by a registered professional engineer and the sealed documents shall be approved by the City Engineer, within the exterior boundaries of the plat or located within 100 feet therefrom.

(m) Location and results of soil boring tests within the exterior boundaries of the plat made to a depth of six feet, unless bedrock is at a lesser depth. The number of such tests shall be adequate to portray the character of the soil and the depth of bedrock and groundwater from the natural undisturbed surface. To accomplish this purpose, a minimum of one test per three acres shall be made initially. The City Engineer may require that additional tests be provided. The results of such tests shall be submitted along with the preliminary plat.

(n) Location of soil percolation tests where required by Ch. SPS 385, Wis. Adm. Code, taken at the location and depth in which the soil absorption waste disposal systems are to be installed. The number of such tests initially made shall not be less than one test per three acres or one test per lot, whichever is greater. The results of such tests shall be submitted along with the preliminary plat.

(o) Location, width and names of all proposed streets and public rights-of-way such as alleys and easements.

(p) Approximate dimensions of all lots together with proposed lot and block numbers.

(q) Location and approximate dimensions of any sites to be reserved or dedicated for schools, parks, environmental corridors, drainageways or other public use or open space or which are to be used for group housing, shopping centers, church sites or other private uses not requiring lotting.

(r) Approximate radii of all curves.

(s) Any proposed riparian lake and stream access with a small drawing clearly indicating the location of the proposed subdivision in relation to the access.

(t) Any proposed lake and stream improvement or relocation and notice of application for approval by the Department of Natural Resources, when applicable.

(u) Any additional information required by the Common Council, Engineer or Plan Commission, including the location of the area on the lot where a structure may be built to afford solar access to the rooftop and south wall.

(v) Delineation of all wetlands and shoreland/wetlands based on a field staking by the United States Army Corps of Engineers, the Wisconsin Department of Natural Resources, the Southeastern Wisconsin Regional Planning Commission or other agency or firm certified to make such delineation by the federal government or Wisconsin Department of Natural Resources.

(w) Show the City of Muskego's wetland protection offsets, as identified in the Zoning Code.

(x) Show any applicable DNR wetland setbacks/offsets as required.

(3) Street plans and profiles. The Plan Commission, upon the recommendation of the City Engineer, may require that the subdivider 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. All elevations shall be based upon mean sea level (1929) datum, and plans and profiles shall meet the approval of the City Engineer.

(4) Testing. The Plan Commission, upon the recommendation of the City Engineer, may require borings and soundings to be made in specified areas to ascertain subsurface soil, rock and water conditions, including depth to bedrock and depth to groundwater table. The City does not guarantee, warrant or represent that those soils tested and shown to be unsuited for specific uses are the only unsuited soils within the City and thereby asserts that there is no liability on the part of the Common Council, its agencies or employees for sanitation problems or structural damage that may occur as a result of reliance upon and conformance with this chapter. Where the subdivision will not be served by public sanitary sewer service, Ch. SPS 385, Wis. Adm. Code, shall be complied with and the appropriate data submitted with the preliminary plat.

(5) Soil and water conservation. The Common Council shall require the subdivider to provide soil erosion and sedimentation control plans and specifications prepared by a registered professional engineer. Such plans shall follow the guidelines and standards in the United States Conservation Service Technical Guide adopted by the Waukesha County Land Conservation Committee and shall be in accordance with standards in § 392-53 of this chapter and Chapter 162, Construction Site Erosion and Sediment Control, of the City Code. In addition:

(a) Tree cutting and shrubbery clearing shall be so conducted as to prevent erosion and sedimentation and preserve and improve scenic qualities.

(b) Paths and trails shall not exceed 10 feet in width and shall be so designed and constructed as to result in the least removal and disruption of trees and shrubs and the minimum impairment of natural beauty.

(c) Earth movements such as grading, topsoil removal, mineral extraction, watercourse changing, road cutting, waterway construction or enlargement, removal of stream or lake bed materials, excavation, channel clearing, ditching, drain tile laying, dredging and lagooning shall be so conducted as to prevent erosion and sedimentation and to least disturb the natural fauna, flora, watercourse, water regimen and topography.

(d) Review of cutting, clearing and earth movement may be requested through the Waukesha County Land Conservation Committee, State District Fish and Game Managers and Forester by the Plan Commission as it deems appropriate.

(6) Solar access. The Plan Commission, upon determining from a review of the preliminary plat that certain measures are required to protect solar access, may require protection of the south wall and rooftop from shading. Consideration shall be given to orientation of streets and topography. Where the Plan Commission determines necessary, a detailed site plan shall be submitted showing that there would be no solar access conflicts with structures and landscaping.[5]

[5] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(7) Covenants.

(a) The Plan Commission shall require submission of a draft of protective covenants, where a covenant is proposed, whereby the subdivider intends to regulate land use in the proposed subdivision and otherwise protect the proposed development. Covenants shall be subject to review and approval of the City Attorney as to legality and form. The City shall not be responsible for enforcing private covenants.

(b) The Plan Commission may require a submission of a draft of protective covenants whereby the subdivider intends to regulate building sites to protect solar access by the use of offsets, setback and height restrictions which are more restrictive than the regulations of the zoning district where located.

(8) Easements. Easements shall be shown on the preliminary plat and shall be limited to utility easements, drainage easements, conservation easements, access easements, scenic easements, mineral easements or air rights easements. Easements shall not be used for the conveyance of street rights-of-way, pedestrian rights-of-way, park or school lands or other public lands requiring dedication.

(9) 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.

(10) A detailed site analysis shall be submitted per the following:

(a) Purpose. The detailed site analysis required by this section is designed to provide the clear identification of permanently protected green space areas on a site which is proposed for development. The detailed survey work required to identify these areas accurately on a map is not required prior to the initiation of development concept plans for an area.

(b) When required. A detailed site analysis shall be performed in conjunction with required preliminary plat documents for any and all properties containing:

[1] Permanently protected natural resource areas defined as required protected areas under state or federal regulations.

[2] All environmental corridor components and areas identified by the adopted Comprehensive Plan and/or by the Southeastern Wisconsin Regional Planning Commission.

[3] Any other quality environmental lands as determined by the Public Works and Development Director or designee or by the Comprehensive Plan.

(c) Description. The detailed site analysis shall be shown on a map of the subject property which depicts the location of all protected natural resource areas and environmental corridor components, as defined by the provisions of this section, and as located by an on-site property survey. The detailed site analysis shall meet the following requirements:

[1] Scale. A minimum scale of one inch equals 200 feet shall be used unless otherwise approved by the Public Works and Development Director or his designee prior to submittal.

[2] Topography. Topographic information is not required for any property that does not contain steep slopes (12% or greater). For such properties, topographic information with a minimum contour interval of two feet is required.

[3] Specific natural resources areas. All areas subject to the provisions of Subsection C(10)(b) above shall be accurately outlined and clearly labeled. Particular care as to clarity shall be taken in areas where different resource types overlap with one another.

[4] Development pads. All site disruption (including selective cutting) proposed to occur within permanently protected natural resource areas shall be limited to development pads except as required to remove non-native or undesirable species as identified in an approved management plan for the site. Development pads shall be depicted on the detailed site analysis map and preliminary plat of subdivision. Where site disruption occurs in forested areas, a tree survey may be required so that the Parks and Conservation Committee and Plan Commission may adequately make recommendations as to what forest areas must be permanently protected by easement or dedication. (Tree survey should show the species and size of all trees affected that are six-inch caliper or larger.)

(d) Site disruption activities shall not compact soil covering tree roots or otherwise damage trees beyond the area from which trees are to be removed. The use of snow fences and other barriers to outline development pads during disruption activity is strongly recommended to limit the extent of inadvertent compaction or other disturbance of earth and collision damage to vegetation intended for protection. Such barriers should be placed no closer to protected trees than a point on the ground directly under their outer canopy edge. The use of on-site temporary construction signage is also highly recommended.

(e) Mitigation areas. All mitigation areas, and the areas they offset, related to the provisions of this chapter shall be depicted on the detailed site analysis map with notations provided which describe the mitigation techniques employed.

(f) Required procedure for submission and review of detailed site analysis.

[1] Required timing of submission. The detailed site analysis map shall be submitted to the Public Works and Development Director or his designee for review concurrent with the submission of the preliminary plat of subdivision. A concept plan of the proposed development may be submitted prior to the submission of the detailed site analysis map; however, in no way does the acceptance and/or general approval of the concept plan indicate the approval of natural resource feature locations. A developer may submit the detailed site analysis with a concept plan.

[2] Review by City. The Public Works and Development Director or his designee shall review the submitted detailed site analysis map for general compliance with this chapter. Such review may include data sources including but not limited to the following examples:

[a] The Official Zoning Map;

[b] Applicable USGS 7.5-minute topographic maps for the City of Muskego and its environs or other USGS quads and sources of topographic information;

[c] Air photos of the subject property;

[d] Applicable FEMA and related floodplain maps;

[e] Applicable federal and state wetland inventory maps;

[f] The City of Muskego Comprehensive Plan and associated plans to the City Comprehensive Plan;

[g] Official Street System Map; and

[h] Site visits.

(g) Modification of detailed site analysis map. If necessary, as determined by Plan Commission, revised detailed site analysis maps shall be prepared and submitted for review until a version is deemed acceptable.

(h) Integration of detailed site analysis information with required development and/or land division documents. Information contained on the detailed site analysis map relating to the boundaries of permanently protected green space areas (including natural resource protection areas, other permanently protected green space areas, and required mitigation areas) shall be recorded as a deed restriction which permanently runs with the land. Said areas shall be clearly depicted on any and all site plans required as a precondition for application for any development permit which occurs subsequent to any proposed final plat of subdivision.

(11) A surety in a form approved by the Finance Committee shall be provided. Said surety shall be provided to secure the replacement of all trees with calipers exceeding three inches, whose canopies are located adjacent to disturbed areas, which die within a period of five years following site disruption, and to secure the restoration of all mitigation areas identified on the detailed site analysis.

D. Conservation subdivisions shall include the following additional information:

(1) Inventory and mapping of existing resources, including the following mapped at a scale of no less than one inch equals 50 feet:

(a) Topographic contours at two-foot intervals.

(b) United States Department of Agriculture, Natural Resources Conservation Service, soil type locations and identification of soil type characteristics such as agricultural capability, depth to bedrock and water table, and suitability for wastewater disposal systems. Type and stability of bedrock should also be noted, particularly in karst areas and areas with high potential for groundwater contamination due to fractured bedrock or the presence of arsenic and mercury.

(c) Hydrologic characteristics, including surface water bodies, floodplains, groundwater recharge and discharge areas, wetlands, natural swales, drainageways, and steep slopes.

(d) Land cover on the site, according to general cover type (pasture, woodland, etc.), and stand-alone trees with a caliper of more than six inches measured four feet off the ground. The inventory shall include comments on the health and condition of the vegetation.

(e) Current and past land use, all buildings and structures on the land, cultivated areas, brownfields, waste sites and history of waste disposal practices, paved areas, and all encumbrances, such as easements or covenants.

(f) Known critical habitat areas for rare, threatened or endangered species.

(g) Views of the site, including views onto the site from surrounding roads, public areas and elevated areas, including photographs with a map indicating the location where the photographs were taken.

(h) Unique geological resources, such as rock outcrops and glacial features.

(i) Cultural resources: brief description of historic character of buildings and structures, historically important landscapes, and archaeological features. This includes a review of existing inventories, including those the State Historical Society of Wisconsin maintains for historic buildings, archaeological sites, and burial sites.

(2) Digital files; development yield analysis.

(a) A digital *.DXF, *.DGN file, or *.DWG file of the preliminary plat must be submitted to the City on a flash drive, DVD or CD ROM concurrent with the preliminary plat submittal, and all information shall be tied to and referenced to the State Plane NAD 1983 2011 State Plane Wisconsin South or others approved by the GIS Coordinator. All digital files shall be submitted in accordance with the minimum standards as approved by the Common Council and amended from time to time.

[Amended 11-18-2020 by Ord. No. 1454]

(b) Development yield analysis.

[1] The subdivider shall submit a table showing the maximum number of dwelling units that would be permitted under Chapter 400, Zoning, of the City Code, consistent with the minimum lot size, lot width, setbacks, and other provisions of Chapter 400 and compare it to the number of dwelling units proposed. Land/lots that are undevelopable because of other laws and ordinances that prohibit development in certain areas (e.g., floodplains, wetlands, steep slopes, and drainageways) or due to unavailability of proper services [unable to support public facilities (sewer/water)] shall be excluded from the development yield analysis; however, some undevelopable lands may be allowed as easements on lots within the development yield analysis as long as buildable area is found on each parcel depicted and the Plan Commission agrees with the allowance. The developer must demonstrate that each lot in the yield analysis would be able to be supported as a viable residential lot producing any mechanisms necessary that the Plan Commission may request to make this determination.

[2] The base development density for a lot zoned A-1 Agricultural is based upon a rate of at least 120,000 square feet per lot. The base development density for any other piece of land is based on the existing minimum zoning requirements or the minimum Comprehensive Plan density requirements, whichever is stricter. All parcels shown in a developer's yield analysis must demonstrate that each parcel could actually be developed on the site proposed. Thus, each yield parcel must show that adequate water, sewer, stormwater management, and buildable area are present and attainable to the Plan Commission.[6]

Step 1: Inventory and mapping of existing resources for a hypothetical forty-acre site.

Step 2: Development yield as permitted under existing ordinances (zoning, etc.) for the forty-acre site assuming a five-acre minimum lot size zoning standard in which all lots are truly buildable; eight lots would be permitted under this scenario.

[6] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(3) Site analysis and concept plan. Using the inventory provided in Subsection D(1) above and the development yield analysis provided in Subsection D(2) above, and applying the design standards specified in Article V of this chapter, the subdivider shall submit a concept plan including at least the following information at a scale of no less than one inch equals 50 feet:

(a) Open space areas indicating which areas are to remain undeveloped, agricultural in perpetuity, and/or trail locations.

(b) Boundaries of areas to be developed and proposed general street and lot layout.

(c) Number and type (i.e., single-family, multifamily) of housing units proposed.

(d) Proposed methods for and location of water supply, stormwater management (e.g., best management practices), and sewage treatment.

(e) Inventory of preserved and disturbed natural features and prominent views.

(f) Preliminary development pads showing areas for lawns, pavement, buildings, and grading.

(g) Proposed methods for ownership and management of open space.

(h) Calculations showing the appropriate amount of open space preservation for a conservation subdivision (50%).

Step 3a: Concept map of a conservation subdivision showing the eight lots that would be permitted, plus the historic farmhouse which would be preserved, for a total of nine dwelling units.

(4) General location map. The subdivider shall submit a map showing the general outlines of existing buildings, land use, and natural features such as water bodies or wooded areas, roads and property boundaries within 500 feet of the tract. This information may be presented on an aerial photograph at a scale of no less than one inch equals 400 feet.

(5) A management plan for the restoration and long-term care of open space areas and agricultural lands in perpetuity if applicable.

§ 392-23 Final plat.

A. Review. The subdivider shall prepare a final plat and letter of application in accordance with this chapter and file 39 folded copies of the plat with the City Clerk or designee (Public Works and Development Department) at least 30 days prior to the meeting of the Plan Commission at which action is desired. In addition:

(1) The City Clerk or designee (Public Works and Development Department) shall provide the plat and required copies to the Public Works and Development Director or designee, who shall, within two normal workdays after filing, transmit two copies to the Wisconsin Department of Administration; additional copies to the Department of Administration for retransmission of two copies each to the Wisconsin Department of Transportation (WDOT), if the subdivision abuts or adjoins a state trunk highway or connecting highway, the Department of Safety and Professional Services, if the subdivision is not served by a public sewer and provision for such service has not been made, and Department of Natural Resources, if navigable waters, shoreland/wetlands or floodlands are contained within the proposed subdivision. The Department of Administration, Department of Transportation, Department of Natural Resources and Department of Safety and Professional Services shall hereafter be referred to as "objecting agencies."[1]

[1] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(2) The Public Works and Development Department shall transmit four copies to the Waukesha County Park and Plan Commission, seven copies to the City Plan Commission, seven copies to the Common Council and one copy each to the following City departments/boards: Public Works and Development Department (to be reviewed by the Parks and Conservation Committee, if applicable), Conservation Coordinator, Police Department, City Assessor, and Fire Department for their review and recommendations concerning matters within their jurisdiction. The recommendations, if any, of City boards, commissions and departments shall be transmitted to the City Plan Commission within 30 days from the date the plat is filed. The final 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.[2]

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(3) The Public Works and Development Department shall transmit two copies to the Wisconsin Natural Gas Company and one copy each to the Wisconsin Electric Power Company, Ameritech, all cable television franchisees, and the Muskego-Norway School District for their review and information concerning matters within their jurisdiction. Their comments, if any, shall be transmitted to the Plan Commission within 30 days from the date the plat is filed.

(4) The City Plan Commission is designated as the recommending agency with respect to design and layout of the final plat under the provisions of § 392-28 et seq. and the Common Council is designated as the approving authority with respect to all sections of this chapter.

(5) The County Park and Plan Commission is designated as an approving agency when the plat is located in the extraterritorial plat approval jurisdiction of the City and is hereafter referred to as an objecting agency when the plat is located within the corporate limits of the City. The Southeastern Wisconsin Regional Planning Commission is an advisory planning agency created under § 66.0309, Wis. Stats., in part for the purpose of serving the City and its commissions, county and its commissions, town boards or commissions and state agencies having jurisdiction under the provisions of this chapter.[3]

[3] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(6) 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 ordinances, rules, regulations, adopted regional, county or City comprehensive plans and adopted components which may affect it and shall recommend approval, conditional approval or rejection of the plat to the Common Council.

(7) 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 designated as a phase of the approved preliminary plat.[4]

[4] Editor's Note: Original § 18.32(1)(h) and (i), which immediately followed this subsection, were repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

B. Approval. 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, and the Department of Administration fails to act within 30 days, it shall be deemed to have no objection to the plat. In addition:[5]

(1) Submission. If the final plat is not submitted within 36 months of the last required approval of the preliminary plat, the Common Council may refuse to approve the final plat.

(2) Plan Commission action. The City Plan Commission shall, within 30 days of the date of filing of the final plat with the City Clerk or designee, recommend approval, conditional approval or rejection of the plat and shall transmit the final plat and application along with its recommendations to the Common Council.

(3) Notification. The Common Council, after it determines to approve the plat, shall give at least 10 days' prior written notice of its intention to the clerk of any municipality whose boundaries are within 1,000 feet of any portion of the proposed plat, but failure to give such notice shall not invalidate any such plat.

(4) Common Council action. The Common Council shall, within 60 days of the date of filing the original final plat with the City Clerk or designee, approve or reject such plat unless the time is extended by agreement with the subdivider. All corrections required by the objecting and approving agencies shall be made to the final plat prior to placement on the Common Council agenda. 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 and surveyor. The Common Council may not inscribe its approval on the final plat unless the City Clerk certifies on the face of the plat that the copies were forwarded to the objecting agencies as required herein, the date thereof and that no objections have been filed within 20 days or, if filed, have been met.

(5) Approval. If the Common Council fails to act within 60 days, the time having not been extended, no unsatisfied objections having been filed and all fees payable by the subdivider having been paid, the plat shall be deemed approved.

(6) Recordation. After the required improvements have been installed by the subdivider and accepted by the Common Council and the final plat has been approved by the Common Council, the City Clerk-Treasurer shall cause the certificate inscribed upon the plat attesting to such approval to be executed, and the City shall cause the plat to be recorded with the County Register of Deeds. The Register of Deeds shall not record the plat unless it is offered with such certificate of the City.

(7) Copies. The subdivider shall file a reproducible Mylar and 11 folded copies of the final plat with the City Clerk or designee for distribution to the City Assessor, City Engineer, Public Works and Development Department, Fire Department, Police Department and other affected departments and agencies for their files.

(8) Installation of improvements. The final plat shall not be approved until all required improvements are installed by the subdivider and accepted by the Common Council.

[5] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

C. Submittal requirements.

(1) General. A final plat prepared by a professional land surveyor shall be required for all subdivisions. It shall comply in all respects with the requirements of § 236.20, Wis. Stats.

(2) Additional information. The plat shall show correctly on its face, in addition to the information required by § 236.20, Wis. Stats., the following:

(a) Exact length and bearing of the center line of all streets.

(b) Exact street width along the line of any obliquely intersecting street.

(c) Railroad rights-of-way within and abutting the plat.

(d) Setbacks or building lines required by the Plan Commission under the guidelines in § 392-31 of this chapter.

(e) Easements shall be shown on the final plat and limited to utility, drainage, conservation, access, scenic, mineral or air rights. Easements shall not be used for conveyance of street rights-of-way, pedestrian rights-of-way, park, school or other public lands requiring dedication.[6]

[6] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(f) All lands reserved for future public acquisition or reserved for the common use of property owners within the plat. If property reserved for common use is located within the subdivision, provisions and plans for its use and maintenance shall be submitted with the plat. A note shall be placed on the face of the plat noting ownership and maintenance of all common use areas and that deed restrictions are on file at the County Register of Deeds.

(g) A note on the face of the plat noting ownership and maintenance obligations of all drainage swales, easements, retention and detention ponds or other facilities.

(h) Special restrictions required by the Plan Commission and any other approving or objecting agency relating to access control along public ways, provision of planting strips, solar access restrictions, preservation of wetlands, more restrictive yard requirements or special restrictions for environmentally significant lands.

(i) Location, area, depth and type of soil absorption waste disposal system for each building site, if applicable.

(j) Floodplain limits of the one-hundred-year recurrence interval flood as determined the federal Flood Insurance Study or other technical document, or, where such data is not available, the elevation shall be determined by a registered professional engineer and sealed documents shall be approved by the City Engineer. The contour line lying a vertical distance of two feet above the elevation of the one-hundred-year recurrence interval flood, or, where such data is not available, the elevation shall be determined by a registered professional engineer and the sealed documents approved by the City Engineer within exterior boundaries of the plat or located within 100 feet therefrom.

(k) Where the Common Council, Plan Commission or Engineer finds that additional information relative to a particular problem presented by a proposed development is required to review the final plat, it shall have the authority to request writing such information from the subdivider.

(l) Delineation of all wetlands and shoreland/wetlands based on a field staking by the United States Army Corps of Engineers, the Wisconsin Department of Natural Resources, the Southeastern Wisconsin Regional Planning Commission or other agency or firm certified to make such delineation by the federal government or Wisconsin Department of Natural Resources.

(m) Location of soil boring tests. The number of such tests shall be adequate to portray the character of the soil and depths of bedrock and groundwater from the natural undisturbed surface. To accomplish this purpose, a minimum of one test per three acres shall be made initially. The results of such tests shall be submitted along with the final plat.[7]

[7] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(n) Location of soil percolation tests where required by Ch. SPS 385, Wis. Adm. Code, taken at the location and depth in which soil absorption waste disposal systems are to be installed. The number of such tests initially made shall not be less than one test per three acres or one test per lot, whichever is greater. The results of such tests shall be submitted along with the final plat.[8]

[8] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(o) Location of all conservation easements, permanent open spaces, and special restrictions, including but not limited to deed restrictions, use limitations, and maintenance agreements as depicted on the detailed site analysis as approved concurrent with the preliminary plat.

(p) Show the City of Muskego's wetland protection offsets, as identified in the Zoning Code.

(q) Show any applicable DNR wetland setbacks/offsets as required.

(3) Survey accuracy. The City Engineer shall examine all final plats within the City and may make, or cause to be made by a professional land surveyor under the direction of the City Engineer, such field checks as the City Engineer may deem necessary or desirable for the accuracy and closure of survey, the proper kind and location of monuments and legibility and completeness of the drawing.

(a) The maximum error of closure before adjustment of the survey of the exterior boundaries of the subdivision shall not exceed that which is permitted by state statute.

(b) All street, block and lot dimensions shall be computed as closed geometric figures based upon the control provided by the closed exterior boundary survey.

(c) Where the plat is located within a United States Public Land Survey quarter section, the corners of which have been relocated, monumented and coordinated by the City, Waukesha County or the Southeastern Wisconsin Regional Planning Commission, the tie required by § 236.20(3)(b), Wis. Stats., shall be expressed in terms of grid bearing and distance, and the material and Wisconsin State Plane Coordinates of the monument marking the relocated section or quarter corner to which the plat is tied shall be indicated on the plat. The grid bearing and distance of the tie shall be determined by a closed survey meeting the error of closure herein specified for the survey of the exterior boundaries of the subdivision and the street, block and lot dimensions shall comply with the requirements of § 236.15, Wis. Stats.

(d) The Common Council shall receive the results of the City Engineer's examination prior to approving the final plat.

(4) Surveying and monumenting. Final plats shall meet all the surveying and monumenting requirements of § 236.15, Wis. Stats.

(5) State plane coordinate system. Where the plat is located within a United States Public Land Survey quarter section, the corners of which have been relocated, monumented and placed on the Wisconsin State Plane Coordinate System by the Southeastern Wisconsin Regional Planning Commission, Waukesha County or the City, the plat shall be tied directly to two or more of the section or quarter corners so relocated, monumented and coordinated. The exact grid bearing and distance of such tie shall be determined by field measurements and the type of monument and Wisconsin Plane Coordinates of the monument marking the relocated section or quarter corners to which the plat is tied shall be indicated on the plat. All distances and bearings shall be referenced to the Wisconsin Coordinate System, South Zone. The grid bearing and distance of the tie shall be determined by a closed survey meeting the error of closure herein specified for the survey of the exterior boundaries of the subdivision and as adjusted to the City's control survey.

(6) Certificates. All final plats shall provide all the certificates required by § 236.21, Wis. Stats. In addition, the surveyor shall certify that he has fully complied with all the provisions of this chapter.

(7) Recordation. The final plat shall be recorded with the Waukesha County Register of Deeds only after the certificates of the Wisconsin Department of Administration, the Common Council, the surveyor and those required by § 236.21, Wis. Stats., are placed on the face of the plat. The plat shall be recorded by the City Clerk within 12 months of its final approval by the Common Council and within 36 months after the first approval.[9]

[Amended 8-19-2010 by Ord. No. 1327; 6-26-2018 by Ord. No. 1418]

[9] Editor's Note: Original § 18.32(3)(h), Duplicate plat required, which immediately followed this subsection, was repealed 6-26-2018 by Ord. No. 1418. See § 392-23B(7).

(8) A digital *.DXF, *.DGN file, or *.DWG file of the final plat must be submitted to the City on a flash drive, DVD or CD ROM prior to City signatures being placed on the final plat, and all information shall be tied to and referenced to the State Plane NAD 1983 2011 State Plane Wisconsin South or others approved by the GIS Coordinator. All digital files shall be submitted in accordance with the minimum standards as approved by the Common Council and amended from time to time.

[Amended 11-18-2020 by Ord. No. 1454]

§ 392-24 Minor land division.

A. Certified survey map.

(1) When allowed.

(a) When it is proposed to divide land into at least two but not more than four parcels or building sites; 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 to divide any number of parcels greater than 1 1/2 acres in size (thus not constituting a "subdivision" as defined in § 392-8 of this chapter), the subdivider may subdivide by use of a certified survey map. The certified survey map shall include all parcels of land under ownership or control of the subdivider. The certified survey map shall be prepared in accordance with Subsection C of this section.

(b) Lot line adjustments and/or parcel combinations not creating a new parcel are allowed without a formal approval process. Such adjustments and combinations must first get conceptual staff approval from the Public Works and Development Department prior to recording. Adjustments and combinations must follow all zoning and land division dimensional regulations in the Muskego Municipal Code. Recording of an adjustment or combination document that is in conflict with City dimensional codes will result in the City of Muskego not recognizing the recording of that document.[1]

[1] Editor's Note: Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(2) Waiver of survey requirement. When the parcels to be created by a land division are 20 acres or more in area and are not intended for development, the Plan Commission and/or the Public Works and Development Director or designee may waive the requirement of a certified survey map.

B. Application requirements. A preapplication conference similar to the consultation suggested in § 392-21 of this chapter is recommended prior to submitting the sketch or preliminary map for approval. Prior to submitting a certified survey map or plat of survey for approval, the subdivider shall submit a preliminary map or sketch to the City Plan Commission for approval, which shall be sufficient in detail to determine whether the final certified survey map will meet the requirements of this chapter and all ordinances, rules, regulations, and adopted regional, county and City comprehensive plans or adopted plan components which affect it. At a minimum, all sketches shall be submitted using the City Cadastral Map as the base map. After approval of the preliminary map or sketch by the City Plan Commission, the subdivider shall file 18 copies of the certified survey map and the letter of application with the City Clerk or designee 15 days prior to the Plan Commission meeting. Submitting 15 days prior to a Plan Commission meeting does not constitute being on that individual meeting due to necessary reviews.

C. Certified survey map submittal requirements.

(1) General.

(a) A certified survey map prepared by a professional land surveyor shall be required for all minor land division. It shall comply in all respects with the requirements of § 236.34, Wis. Stats. The minor land division shall comply with the design standards in §§ 392-28 through 392-34 of this chapter and the improvement requirements in §§ 392-35 through 392-46 of this chapter.

(b) A preliminary map or sketch shall be submitted to the City Plan Commission for all tracts of land proposed to be divided in accordance with this section of this chapter.

(2) Required information. The map shall show correctly on its face, in addition to the information required by § 236.34, Wis. Stats., the following:

(a) Date of the map.

(b) Insert showing map of area with property location.

(c) Graphic scale and North arrow.

(d) Name and address of the owner, subdivider and surveyor.

(e) All existing structures, including square footage and horizontal offset to existing and/or proposed property lines, and the first floor elevation thereof, visible and known wells, watercourses, drainage ditches, existing property lines of abutting property and other features pertinent to proper division.

(f) Names of adjoining streets, highways, parks, cemeteries, subdivisions, ponds, streams, lakes, flowages, and wetlands.

(g) Location of the area on the lot where a structure may be built to afford solar access to the rooftop and south wall.

(h) Additional setbacks or building lines required by the City Plan Commission which are more restrictive than the regulations of the zoning district in which the plat is located or which are proposed by the subdivider and are to be included in recorded protective covenants.

(i) Additional setbacks or offsets proposed by the subdivider which are more restrictive than the regulations of the zoning district in which the plat is located.

(j) All lands reserved for future public acquisition.

(k) Floodplain limits of the one-hundred-year recurrence interval flood as determined by the federal Flood Insurance Study or other technical document, or, where such data is not available, the elevation shall be determined by a registered professional engineer and the sealed documents shall be approved by the City Engineer. The contour line lying a vertical distance of two feet above the elevation of the one-hundred-year recurrence interval flood, or, where such data is not available, the elevation shall be determined by a registered professional engineer and the sealed documents shall be approved by the City Engineer within the exterior boundaries of the plat.

(l) Easements shall be shown on the certified survey map and shall be limited to utility easements, drainage easements, conservation easements, access easements, scenic easements, mineral easements, or air rights easements. Easements shall not be used for the conveyance of street rights-of-way, pedestrian rights-of-way, park or school lands or other public lands requiring dedication.

(m) Exact length and bearing of the center line of all streets.

(n) Exact street width along the line of any obliquely intersecting street.

(o) Railroad rights-of-way within and abutting the plat.

(p) A drainage and grading plan for all lots on the map bearing a statement concerning the relation of all drainage swales, ponds or other facilities.

(q) Special restrictions required by the Plan Commission and any other approving or objecting agency relating to access control along public ways, the provision of planting strips, solar access restrictions, preservation of wetlands, more restrictive yard requirements or special restrictions for environmentally significant lands.

(r) Location, setbacks, area, depth and type of soil absorption waste disposal system for each building site, if applicable.

(s) Delineation of all wetlands and shoreland/wetlands based on a field staking by the United States Army Corps of Engineers, the Wisconsin Department of Natural Resources, the Southeastern Wisconsin Regional Planning Commission or other agency or firm certified to make such delineation by the federal government or Wisconsin Department of Natural Resources.

(t) Grading plan for the proposed land division extending 150 feet from the proposed property lines.

(u) Show the City of Muskego's wetland protection offsets, as identified in the Zoning Code.

(v) Show any applicable DNR wetland setbacks/offsets as required.

(3) Additional information. The Plan Commission may require that the following additional information be provided when necessary for proper review and consideration of the map:

(a) Existing contours at vertical intervals of not more than two feet where the slope of the ground surface is less 10% and of not more than five feet where the slope of the ground surface is 10% or more. Elevations shall be marked on such contours based on National Geodetic Vertical Datum (NGVD) of 1929 (mean sea level). The requirement to provide topographic data may be waived if the parcels created are fully developed.

(b) Soil type, slope and boundaries as shown on the detailed operational soil survey maps prepared by the United States Natural Resources Conservation Service.[2]

[2] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

(c) Setbacks or building lines required by the City Plan Commission in accordance with the guidelines in § 392-31 of this chapter.

(d) Location of soil boring tests if directed by the City Engineer. The number of such tests shall be adequate to portray the character of the soil and depths of bedrock and groundwater from the natural undisturbed surface. To accomplish this purpose, a minimum of one test per three acres shall be made initially. Results of such tests shall be submitted along with the certified survey map.

(e) Location of soil percolation tests, where required by Ch. SPS 385, Wis. Adm. Code, taken at the location and depth in which soil absorption waste disposal systems are to be installed. The number of such tests initially made shall not be less than one test per three acres or one test per lot, whichever is greater. Results of such tests shall be submitted along with the certified survey map.

(f) The Plan Commission may waive the requirement that the entire area contiguous to the land outlined in the proposed certified survey owned or controlled by the subdivider be included on the certified survey map even though only a portion of such area is proposed for immediate development. However, this waiver may only occur when the parcels to be created by a land division are 20 acres or more in area and are not intended for development.

(g) A detailed site analysis as described in § 392-22C(10).

(4) State plane coordinate system. Where the map is located within a United States Public Land Survey quarter section, the corners of which have been relocated, monumented and placed on the Wisconsin Plane Coordinate System by the Southeastern Wisconsin Regional Planning Commission, Waukesha County or the City, the map shall be tied directly to two or more of the section or quarter corners so relocated, monumented and coordinated. The exact grid bearing and distance of such tie shall be determined by field measurements, and the type of monument and Wisconsin Plane Coordinates of the monument marking the relocated section or quarter corner to which the map is tied shall be indicated on the map. All distances and bearings shall be referenced to the Wisconsin Coordinate System, South Zone. The grid bearing and distance of the tie shall be determined by a closed survey meeting the error of closure herein specified for the survey of the exterior boundaries of the subdivision.

(5) Certificates. The surveyor shall certify on the face of the map that he has fully complied with all the provisions of this chapter. The Common Council, after approval by the Plan Commission and the recommendation by all reviewing agencies, shall certify its approval on the face of the map.

(a) When a certified survey map includes the dedication of streets and other public areas, an owner's certificate in substantially the same form as required by § 236.21(2)(a), Wis. Stats., shall be required.

(b) All certified survey maps shall provide all the certificates required by § 236.21, Wis. Stats.[3]

[3] Editor's Note: Original § 18.33(3)(f), Recordation, which immediately followed this subsection, was repealed 6-26-2018 by Ord. No. 1418. See § 392-24H, Recordation.

(6) A digital *.DXF, *.DGN file, or *.DWG file of the certified survey map must be submitted to the City on a flash drive, DVD or CD ROM prior to City signatures being placed on the certified survey map, and all information shall be tied to and referenced to the State Plane NAD 1983 2011 State Plane Wisconsin South or others approved by the GIS Coordinator. All digital files shall be submitted in accordance with the minimum standards as approved by the Common Council and amended from time to time.

[Amended 6-26-2018 by Ord. No. 1418; 11-18-2020 by Ord. No. 1454]

(7) Map notations. Any notes required by the City shall be placed on the face of the certified survey map prior to recording by the City.

D. Plan Commission. The City Clerk or designee shall transmit seven copies of the map and letter of application to the Plan Commission for its review and approval.

E. Recommendations. The Public Works and Development Department shall transmit a copy of the map to all affected City departments and the City Engineer for their review and recommendations concerning matters within their jurisdiction.

F. Plan Commission approval. The Plan Commission shall approve, approve conditionally or reject the map within 45 days from the date of filing, unless time is extended by agreement with the subdivider, and shall transmit the map along with its recommendations to the Common Council.

G. Common Council approval. The Common Council shall approve, approve conditionally or reject the map within 90 days from the date of filing, unless time is extended by agreement with the subdivider. If the map is rejected, the reasons shall be stated in the resolution and a written statement forwarded to the subdivider and surveyor.[4]

[4] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

H. Recordation. After the certified survey map has been approved by the Common Council, the City Clerk-Treasurer shall cause the certificate to be inscribed upon the map attesting to such approval and the City shall record the map with the Waukesha County Register of Deeds at the subdivider's expense. The certified survey map shall be recorded only after the certificates of the Common Council, Plan Commission, surveyor and owner are placed on the face of the map. The map shall be recorded by the City Clerk-Treasurer or designee within 12 months of its last approval by the Common Council or reapproval will be required. The City shall not permit the applicant, title company or any other entity to record the certified survey map.[5]

[5] Editor's Note: Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. II).

I. Design standards. All minor land divisions shall adhere to the design standards, required improvements, and construction standards for conventional subdivisions, as found in Articles V, VI and VII of this chapter, unless a variance has been granted pursuant to § 392-17 of this chapter.

§ 392-25 Extraterritorial plats and certified survey maps.

When the land to be subdivided lies within three miles of the corporate limits of the City, the subdivider shall proceed as specified in §§ 392-21 through 392-24, except:

A. Sketch or map not required. A sketch or preliminary map for a certified survey map is not required to be approved by the Plan Commission prior to filing a certified survey map.

B. Transmittal responsibility. The Town or County Clerk or county planning agency to whom the plat or certified survey map is first submitted shall be responsible for transmitting copies of the plat or map to designated objecting agencies and the subdivider shall indicate which one in his application.

C. Approval agencies. Approval agencies include the Common Council, Town Board and County Park and Plan Commission or County Board and the subdivider shall comply with the land division ordinances of these agencies.

D. Installation of improvements. The subdivider may proceed with the installation of such improvements and under such regulations as the town board of the town within whose limits the plat lies may require. Wherever connection to any City utility is desired, permission for such connection shall be approved by the Common Council.

E. Improvement requirements. All improvement requirements specified by the town board or any special improvement district in matters over which they have jurisdiction shall be met before filing of the final plat.

§ 392-26 Replat.

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 §§ 392-21 through 392-23B.

B. The Public Works and Development Director or designee 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 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.

§ 392-27 Condominium plats.

A condominium plat prepared under § 703.11, Wis. Stats., shall be reviewed in the same manner as a subdivision plat under §§ 392-21 through 392-23 of this chapter.