All subdivision applications are subject to the eighteen-step
review procedure set forth in the table below. Each step is discussed
in Subsections A through O below.
Subdivision Review Process
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Task
|
Scheduling
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Step 1
|
Pre-application conference
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Step 2
|
Pre-application voluntary sketch plan overlay submission/application
completeness determination
|
Completeness determination by DCD staff within 2 days of filing.
45-day review process begins only when the application is determined
to be complete
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Step 3
|
Staff review/report on pre-application
|
Prior to the Plan Commission meeting
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Step 4
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Plan Commission recommendation on pre-application sketch plan
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Step 5
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Preliminary plat submission/application completeness determination
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Completeness determination by DCD staff within two days of filing.
90-day review process begins only when the application is determined
to be complete
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Step 6
|
Staff review and report
|
Prior to the Plan Commission meeting
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Step 7
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Plan Commission recommendation on preliminary plat
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Prior to final action by Common Council
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Step 8
|
Common Council action on preliminary plat
|
Within 90 days of Step 5 completeness determination (see Note
1 below)
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Step 9
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Infrastructure design/plat compliance review
|
Review and approval by DCD staff within approximately 90 days
of plan submission (see Note 2 below)
|
Step 10
|
Filing of a development agreement and staff review and recommendation
of the development agreement
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Staff review and recommendation to the Board of Public Works
within 60 days of submittal (see Note 2 below)
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Step 11
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Board of Public Works review and recommendation on development
agreement
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Prior to final action by Common Council (see Note 2 below)
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Step 12
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Common Council action on development agreement
|
Next available Common Council meeting after BPW approval
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Step 13
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Construction and approval of improvements, if required, as part
of the development agreement
|
Prior to filing of final plat
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Step 14
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Final plat submission/application completeness determination
|
Final plat must be filed within 24 months (see Note 3 below)
of approval of preliminary plat. Completeness determination by DCD
staff within 2 days of filing
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Step 15
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Staff review and report
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Prior to the Plan Commission meeting
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Step 16
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Plan Commission review and recommendation on final plat
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Prior to final action by Common Council
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Step 17
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Common Council action on final plat
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Within 60 days of Step 14 completeness determination
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Step 18
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Post-development acceptance and inspection
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NOTES:
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1
|
The ninety-day deadline in Step 5 and sixty-day deadline in
Step 17 are set forth in Chapter 236, Wisconsin Statutes. Failure
by the City to act within said deadlines, without an extension granted
by the applicant, shall constitute an approval of the subject plat.
|
2
|
All deadlines for Steps 6, 7, and 8 in this table shall be internal
deadlines for the City and failure to act or make recommendations
within the time allotted shall not constitute an approval or denial
on behalf of the reviewing body.
|
3
|
The City may refuse to approve a final plat if the applicant
fails to submit the final plat within 24 months of the final approval
of the preliminary plat per Chapter 236, Wisconsin Statutes.
|
A. Step 1: Pre-application conference. The applicant is very strongly
advised to meet with staff for a pre-application conference a minimum
of 45 days prior to submission of a preliminary plat in order to obtain
advice and assistance. This consultation is neither formal nor mandatory,
but is intended to inform the applicant of the purpose and objectives
of these regulations, the adopted comprehensive plans or plan components,
and duly adopted plan implementation ordinances of the City, and to
otherwise assist the applicant in planning his or her development.
This conference also provides an opportunity for the applicant and
the staff to discuss the review process schedule and submittal requirements,
the scope of the project, and compliance with this chapter. In addition,
it provides the opportunity for staff to impress upon applicants the
very great importance of submitting a voluntary sketch plan to ensure
that the layout is on the right track before costly engineering drawings
are prepared for the preliminary plat. Staff opinions presented during
pre-application meetings are informational only and do not represent
a commitment on behalf of the City regarding the acceptability of
the development proposal.
B. Step 2: Voluntary sketch plan and site visit. This part of the optional
pre-application stage is perhaps the most critical of the entire subdivision
design and review process, because it enables the applicant, staff,
and City officials to work together to fully understand the site and
its potential for carefully designing full-density development around
a potential open space network. It is at this stage that the very
important site visit occurs, to ensure that the features mapped on
the existing resources and site analysis plan have been designed around
and protected. (The site visit is an official meeting of the Plan
Commission, and staff, advertised and noticed in the normal manner,
and is essentially an informal outdoor workshop at which no decisions
are taken.) If parkland and/or public trails are identified on the
map to be dedicated, a representative from the Facilities and Grounds
Department may be involved in the site visit where applicable.
(1) After preparing the existing resources and site analysis map, applicants
shall arrange for a site inspection of the property by Department
of Community Development staff, members of the City Plan Commission,
the applicant and the applicant's design team. The design team
shall include a registered landscape architect or a physical planner
experienced in designing conservation subdivisions, in addition to
the usual engineering and/or surveying professionals.
(2) The applicant shall distribute copies of the existing resources and
site analysis map at this meeting. Members of Common Council shall
also be invited to attend on an informal basis, as shall the original
landowner and the abutters.
(3) The purpose of the site visit is to familiarize everyone involved
in the subdivision proposal with the property's existing conditions
and special features, to identify potential site design issues, and
to provide an informal opportunity to discuss site design concepts,
including the general layout of designated conservation areas (if
applicable), and potential locations for proposed buildings and street
alignments. Comments made by officials or staff and consultants shall
be interpreted as being only informal and suggestive. It shall be
understood by all parties that no formal recommendations can be offered
and no official decisions can be made at the site visit, which is
essentially an outdoor workshop session.
(4) Following the site inspection and prior to the submission of a diagrammatic
sketch plan overlay sheet for official review, the applicant shall
meet with City officials and staff to discuss the findings of the
site visit and to develop a mutual understanding on the general approach
for subdividing and/or developing the tract in accordance with the
four-step design procedure described in this chapter. The site visit
may include an informal design session at which time the applicant's
design team works together to rough out a very conceptual sketch based
on input received from all those attending the site visit. It shall
be understood by all parties that no formal recommendations can be
offered and no official decisions can be made during this informal
design discussion, which is essentially a workshop session. At the
applicant's discretion, the results of this "mini-charrette"
may form the basis for the sketch plan overlay sheet that would be
submitted to staff for review during the next step of this process.
C. Step 3: Staff review and report on the pre-application. This report,
which shall include written findings and recommendations on the merits
and shortcomings of the proposed layout, and which shall itemize modifications
needed to bring the submission into conformance with the City's
ordinance requirements, shall take the form of an informal letter
of guidance to the Plan Commission.
D. Step 4: Plan Commission recommendation on the pre-application sketch
plan overlay sheet. The Plan Commission shall hold a public meeting
to review and to endorse, conditionally endorse, or decline to endorse
such plan. Sketch plans may proceed to the next stage (preliminary
plat) without such endorsement.
E. Step 5: Preliminary plat submission/application completeness determination.
(1) The purpose of the preliminary plat or CSM is to show all of the
facts that may enable the Plan Commission to determine whether the
proposed layout of the land and improvements are satisfactory from
the standpoint of the public interest.
(2) The preliminary plat or CSM shall be clearly and legibly drawn and
shall include all information and supporting materials as specified
in the WI Platting Manual.
(3) The applicant shall prepare and file the preliminary plat with the
City Clerk. The City Clerk will require additional copies of the preliminary
plat according to Chapter 236, Wisconsin Statutes; Chapter TRANS 233,
Wisconsin Administrative Code; and the Waukesha County Department
of Parks and Land Use, as well as forms and fees.
(4) All complete subdivision applications shall be submitted to staff
a minimum of 45 days prior to the next regularly scheduled Plan Commission
meeting at which the application will be reviewed.
(5) Upon the determination that the application is complete in accordance with §
235-14D, the application shall be distributed as follows:
(a)
Within two days of the submission of the preliminary plat, the
City Clerk shall distribute copies of the preliminary plat to the
Department of Community Development and all state and county agencies
in accordance with § 236.12, Wis. Stats.
(b)
Department of Community Development staff shall distribute copies
of the preliminary plat to all appropriate City agencies.
(6) Applicants who have elected not to participate in the optional pre-application
process may be required by the Plan Commission to submit an existing
resources site analysis plan, sketch plan overlay sheet and a site
context map, and also to attend a site visit, as part of the preliminary
plat stage, so that the Plan Commission may have all the pertinent
information necessary to render an informed decision on the preliminary
plat application.
F. Step 6: Staff review and report. Prior to the Plan Commission meeting
where the completed application and plat are scheduled for review,
staff shall review the development application and prepare a staff
report.
G. Step 7: Plan Commission recommendation on preliminary plat.
(1) Procedure.
(a)
Prior to the final action of the Common Council, the Plan Commission shall review a completed application and recommend approval, conditional approval, or rejection of the plat or CSM, based on the approval criteria set forth in Subsection
G(2) below.
(b)
The Plan Commission shall notify the Common Council of any recommendation
at the next regularly scheduled meeting.
(c)
If the Plan Commission rejects the preliminary plat or CSM,
the reasons for disapproval shall be set forth in its records. The
City Clerk shall notify the applicant in writing of the action of
the Plan Commission.
(2) Approval criteria. The Plan Commission shall make its decision on
the preliminary plat based on the following approval criteria:
(a)
The preliminary plat meets all requirements of Chapter 236,
Wisconsin Statutes.
(b)
The preliminary plat meets the requirements of all applicable plans, ordinances, and standards of the City of New Berlin, including but not limited to this chapter, Chapter
275, Zoning; the City of New Berlin Comprehensive Plan, and the City of New Berlin Developer's Handbook. The Development Handbook is the City of New Berlin's Infrastructure and Design Standards. This document is approved by the Board of Public Works and sets forth the policies for both public and private infrastructure and construction standards. Any waivers or modifications to this document shall be incorporated as part of a DCD application and approved by the DCD and/or the Plan Commission/Community Development Authority.
(c)
Where public sewer service is not available, adequate lot sizes
and elevations shall be provided for private, on-site sewage systems
and all lots shall meet soil requirements as set forth in applicable
state statutes and county ordinances.
(d)
All rules of the Wisconsin Department of Transportation relating
to the provisions for safety of entrance upon and departure from the
abutting state trunk highways or connecting highways and for the preservation
of the public interest and investment in such highways.
(e)
All rules of the Waukesha County Department of Transportation
relating to the provision for the safety of entrance upon and departure
from the abutting county trunk highways and for the preservation of
the public interest and investment in such highways.
H. Step 8: Common Council action on preliminary plat.
(1) Within 90 days from the date that a submitted application is certified as complete pursuant to Subsection
E, the Common Council shall act on the plat and instruct the City Clerk of its approval or rejection. The City Clerk shall communicate to the owner the action of the Common Council.
(2) The Common Council shall base its approval on those provisions outlined in Subsection
E(2).
(3) Approval of a preliminary plat shall not be an acceptance by the
City or public of the dedication of any street, highway or other public
way shown on the plat.
(4) If the Council fails to act within 90 days from the date the preliminary
plat action is certified as complete, the preliminary plat shall be
considered approved per Chapter 236, Wisconsin Statutes.
I. Step 9: Infrastructure design/plat compliance review.
(1) No construction shall begin or improvements made until after obtaining
written approval of a preliminary plat from the Common Council and
all construction plans have been reviewed and approved by the Department
of Community Development. Applicant may coordinate with the Director
on a draft of the development agreement prior to approval of the preliminary
plat.
(2) Design documents and planning documents shall be provided for all improvements outlined in Article
IV.
(3) All improvements shall be designed equal or better than those standards
of quality set forth in specifications on file in the Department of
Community Development.
(4) The decision of the Director shall be final; however, the Director
may seek recommendation from the Board of Public Works where necessary.
J. Step 10: Filing of development agreement and staff review and recommendation
of the development agreement.
(1) Upon approval of the infrastructure design and plat compliance, the
applicant shall work with staff in drafting a development agreement.
This agreement shall include:
(a)
Refer to Subsection
J(3) of this section for information regarding development agreements.
(b)
Homeowners' association documents and maintenance agreements.
(c)
Agreements regarding the proposed construction of improvements or any financial guaranties for proposed improvements per §
235-16.
(d)
Standards and requirements for the proposed improvements.
(e)
Any additional information as required by the Department of
Community Development, Director, or other applicable departments.
(2) The Director shall review the draft development agreement and shall
make a recommendation to the Board of Public Works.
(3) Development agreements.
(a)
Purpose. Development agreements are intended to provide the
City with the public infrastructure and amenities necessary to serve
the proposed land use (development) and that they will be provided
for according to an agreed-upon schedule and at a level of quality
consistent with current City standards adopted by the Board of Public
Works. Public benefits arising from a development agreement may include,
but are not limited to, provision of public facilities such as streets,
sewerage, parks/open space, transportation, schools, drainage, stormwater
facilities, and utility facilities. The establishment of vested rights
through use of a development agreement can thereby ensure reasonable
certainty, ensure stability and fairness in the land development approval
process, secure the reasonable investment-backed expectations of landowners,
provide for a more efficient use of resources, and foster cooperation
between the public and private sectors in the area of land use planning.
Accordingly, these provisions establish uniform procedures and standards
for the preparation, review, and adoption of development agreements.
(b)
Applicability. Development agreements may be required for any
project in any district subject to the requirements, standards, and
approval procedures set forth in this section.
(c)
Eligible parties. The City may enter into a development agreement
with any person having a legal or equitable interest in real property
for the development of that property. The subject property shall be
located within the incorporated boundaries of the City of New Berlin.
(d)
Consolidation with rezoning, subdivision or planned development approval. The applicant may consolidate an application for development agreement approval with an application for a rezoning, subdivision or planned unit development approval. Such consolidated application shall be submitted in a form that satisfies both the rezoning, subdivision or planned unit development requirements of this chapter and/or Chapter
275, Zoning, and also the provisions, including submittal requirements, governing development agreements. The time frame and approval process for a consolidated application shall follow the time frame and approval process set forth in this section.
(e)
Procedures for approval of a development agreement. Applications for approval of a development agreement shall follow the standard development approval process set forth in Article
III of Chapter
275, Zoning, except for the following modifications:
[1]
Board of Public Works (BPW) action.
[a] The Board of Public Works shall hold public meetings
and make a recommendation to the Common Council to approve, approve
with conditions, or deny the development agreement based on its compliance
with the standards set forth below.
[b] If the Board of Public Works recommends approval
of a development agreement with conditions, the applicant shall, before
proceeding to Step 14, resubmit to the BPW a signed revised development
agreement that reflects any changes or modifications required or suggested
by the BPW in its initial review. Within 60 days of receipt of the
revised development agreement, the BPW shall complete its review and
take action by recommending to the Common Council that the application
and development agreement as revised either be approved with the prior
conditions in place or denied.
[2]
Common Council action. The Common Council shall initiate action
by holding public meetings to review and make recommendations on the
development agreement based on Board of Public Works recommendation(s).
(f)
Standards for review. The Board of Public Works and the Common
Council shall review development agreement applications and evaluate
them to determine their compliance with the following standards:
[1]
The development agreement shall be consistent with the purposes
and intent of this chapter and with the policies, goals, and objectives
of the City of New Berlin Comprehensive Plan and any other applicable
community plans.
[2]
The development agreement complies with the use regulations as set forth in Article
V of Chapter
275, Zoning.
[3]
The development agreement complies with all applicable development standards set forth in Article
VIII of Chapter
275, Zoning, and the City of New Berlin Developer's Agreement except to the extent modifications, variances, or waivers have been expressly allowed by the Board of Public Works.
[4]
The financial benefits of the development to the City outweigh
its costs.
[5]
The development agreement and developer provide adequate financial
and other assurances to the City that the development will go forward
as planned and/or as required.
[6]
The development/agreement complies with all applicable federal,
state, or local development regulations, standards, and requirements
or plans, including but not limited to wetlands, City of New Berlin
Water Resource Management Standards, water quality, and wastewater
regulations.
(g)
Effect of approval.
[1]
Recordation required. No later than 10 days after the City and
developer execute a stormwater maintenance and development agreement,
the developer shall record with the Waukesha County Register of Deeds
a copy of the agreements, which shall describe the land subject thereto,
at the developer's expense. Any modification or subsequent termination
or cancellation of the agreement shall be recorded by the developer
no later than 10 days after such action.
[2]
Binding on successors in interest. The burdens of the development
agreement shall be binding upon, and the benefits of the agreement
shall inure to, all successors in interest to the parties of the development
agreement.
(h)
Governing ordinances, rules, regulations, and official policies
(vesting of property rights).
[1]
Prevailing at the time of execution. Unless otherwise provided
by the development agreement, the ordinances, rules, regulations,
and official policies applicable to development of the subject property
and governing permitted uses of the land, density, and design, improvement,
and construction standards and specifications shall be those ordinances,
rules, regulations, and official policies in force at the time of
execution of the agreement.
[2]
Subsequently enacted regulations; general rule and exceptions.
[a] General rule. Ordinances, rules, regulations, and
official policies that govern permitted uses of the land, density,
and design, improvement, and construction standards and specifications,
and that are enacted subsequent to execution of the development agreement,
shall not be enforced against the subject property.
[b] Exceptions. Notwithstanding Subsection J(3)(h)[2][a]
above, a development agreement shall not prevent the City, in subsequent
actions, from applying any of the following to the subject property:
[i] New ordinances, rules, regulations, and policies
that do not conflict with those rules, regulations, and policies applicable
to the subject property as set forth in the development agreement;
[ii] New ordinances, rules, regulations, and policies
that are specifically anticipated and provided for in the development
agreement;
[iii] New ordinances, rules, regulations, and policies
that are necessary to address a significant and immediate threat to
the public health, safety, and welfare; or
[iv] New ordinances, rules, regulations, and policies
when the City finds that the development agreement is based on substantially
inaccurate information supplied by the developer.
(i)
Applications. Applications for development agreements shall
be submitted to the permit application center (PAC), upon such forms
and fees as approved, and shall contain all information and supporting
materials as specified by the Director of Community Development or
his/her designee.
(j)
Development agreement as legislative act. Approval of a development
agreement shall require a majority vote of the Common Council.
(k)
Periodic review. All development agreements may be reviewed
by the Board of Public Works every two years, unless the agreement
provides for more frequent reviews. At the review, the developer shall
provide such information as may be required by the Board of Public
Works to demonstrate good faith compliance with the terms of the development
agreement. If the Board of Public Works determines that the agreement
should be terminated or modified, the matter shall be referred to
the Common Council for its determination.
(l)
Modification and termination.
[1]
Mutual consent. A development agreement may be canceled or modified
by the mutual consent of the developer and the Department of Community
Development acting through the Common Council.
[2]
Noncompliance by developer. The Common Council may terminate
or modify a development agreement based upon evidence that the developer
or successor in interest thereto has not complied with the terms or
conditions of the agreement.
[3]
Change in applicable state or federal law. In the event that
state or federal laws or regulations are enacted after execution of
the development agreement and prevent or preclude compliance with
one or more provisions of the development agreement, such provisions
of the agreement shall be modified or suspended to the extent necessary
to comply with such state or federal laws or regulations.
[4]
Procedure. The Common Council may modify or terminate a development/improvement
agreement using the same legislative procedures for adopting the original
development/improvement agreement.
(m)
Enforcement. Unless amended or terminated pursuant to this section,
a development/improvement agreement shall be enforceable by any party
thereto.
K. Step 11: Board of Public Works review and recommendation on development
agreement. The Board of Public Works shall review the draft development
agreement and make a recommendation to the Common Council. The minutes
shall reflect all recommended modifications, changes, or conditions
of approval or reasons for denial.
L. Step 12: Common Council action on development agreement. The Common
Council shall review and approve or deny the development agreement.
M. Step 13: Construction and approval of improvements if required as
part of the development agreement.
(1) Construction.
(a)
Commencement of construction. Upon execution of the development
agreement, the applicant may commence with the construction of improvements
in accordance with said agreement.
(b)
Standards of improvements. All improvements shall be constructed
equal to or better than those standards of quality set forth in specifications
on file in the City Engineer's office.
(c)
Extension of time. If the construction of any improvements for
which a financial guaranty has been secured has not been completed
within the time frame provided for in the development agreement, the
following may occur:
[1]
The developer may request an extension of time for construction;
or
[2]
The City may use as much of the financial guaranty as necessary
to construct the improvement.
(2) Approvals of improvements.
(a)
Documentation of improvements. The applicant shall provide adequate
documentation per the City standards on the location of the public
improvements as defined in the development agreement.
(b)
Guarantee of materials and workmanship. Per § 236.13(2)(a)1, Wis. Stats., as a further condition of approval, the Common Council may require that the subdivider make and install any public improvements reasonably necessary or that the subdivider execute a surety or provide other security to ensure that he or she will make those improvements within a reasonable time. The Common Council may not require the subdivider to provide security at the commencement of a project in an amount that is more than 120% of the estimated total cost to complete the required public improvements. Refer to §§
235-16 and
235-22.
(c)
Acceptance.
[1]
The Director or designee shall make a determination of the developer's
compliance with the terms of the development agreement, City ordinances,
and the City's Developer's Handbook.
[2]
The City of New Berlin holds the right to deny acceptance of
any public improvements if the Director of the Department of Community
Development finds that the public improvements have not been constructed
per the approved plans, accepted City of New Berlin standards and
practices, or accepted engineering practices.
[3]
The developer's engineer shall certify that all plans and
specification prepared by the engineer meet the standards as described
in the adopted Developer's Handbook. The developer's contractor
shall also certify that all construction performed by the contractor
has been installed according to plans and specification previously
approved by the Department of Community Development.
[4]
The developer shall submit a letter to the Director, with lien
waivers attached, for acceptance of improvements.
N. Step 14: Final plat submission/application completeness determination.
(1) No final plat will be accepted as complete until the applicant provides
adequate documentation that the required improvements have been completed.
(2) The final plat or CSM shall be clearly and legibly drawn and shall
include all components defined in Chapter 236, Wisconsin Statutes,
and WI Platting Manual.
(3) The applicant shall prepare and file the final plat with an application
provided by the City with the City Clerk, and all applicable fees
shall have been paid. The City Clerk shall require additional copies
of the final plat according to Chapter 236, Wisconsin Statutes; Chapter
TRANS 233, Wisconsin Administrative Code; and the Waukesha County
Department of Parks and Land Use.
(4) All final plats shall be submitted to staff a minimum of 45 days
prior to the Common Council meeting at which the application will
be reviewed.
(5) An application will be considered complete if it is submitted in
the required number and form, includes all mandatory information,
and is accompanied by the applicable fees.
O. Step 15: Staff review and report. Prior to the Plan Commission meeting
where the completed application and plat are scheduled for review,
staff shall review the development application and prepare a staff
report.
P. Step 16: Plan Commission review and recommendation on final plat.
(1) Procedure.
(a)
Prior to the final action of the Common Council, the Plan Commission shall review a completed application and recommend approval, conditional approval, or rejection of the plat or CSM, based on the approval criteria set forth in Subsection
P(2) below.
(b)
The Plan Commission shall notify the Common Council of any recommendation
at the next regularly scheduled meeting.
(c)
If the Plan Commission rejects the final plat or CSM, the reasons
for disapproval shall be set forth in its records. The Department
of Community Development shall notify the applicant in writing of
the action of the Plan Commission.
(2) Approval criteria. The Plan Commission shall make its decision on
the final plat based on the following approval criteria:
(a)
Improvements have been completed or guaranteed to the satisfaction
of the Director;
(b)
A development agreement has been approved and signed;
(c)
Substantial compliance with the preliminary plat;
(d)
Compliance with conditions of the preliminary plat approval;
(e)
Compliance with this chapter; and
(f)
Compliance with Chapter 236, Wisconsin Statutes.
Q. Step 17: Common Council action on final plat.
(1) The Common Council may refuse any final plat that has not been submitted
within 24 months of the final approval of the preliminary plat.
(2) The Common Council shall have 90 days from the date the final plat
is certified as complete to approve or reject the final plat or CSM.
(a)
If the plat or CSM are satisfactory to the Council, it shall
so certify in writing.
(b)
If the final plat or CSM is rejected, the Common Council shall
specify the reasons in writing and return to the applicant.
(3) Once the development agreement is recorded, the final plat is approved,
all approval criteria are satisfied, and all applicable fees are paid,
the City Clerk shall endorse the plat as specified in Chapter 236,
Wisconsin Statutes, and return it to the applicant for recording purposes.
(4) When a final plat of a subdivision has been approved by the City
and all other required approvals are obtained and the plat is recorded,
that approval shall constitute acceptance for the purpose designated
on the plat of all lands shown on the plat as dedicated to the public,
including street dedications.
R. Step 18: Post-development acceptance and inspection. No building
permit shall be issued until the final plat has been approved and
recorded and public improvements are installed, inspected, and accepted
by the Department of Community Development, and all applicable requirements
of the development agreement have been met.