A.
Before filing of an application for the approval of a preliminary
plat or certified survey map, the subdivider is encouraged to submit
a conceptual plan and to consult with the Plan Commission and City
staff for advice regarding general subdivision requirements. Information
on meeting dates, agenda deadlines and filing requirements may be
obtained from the City Administrator/Clerk-Treasurer. The conceptual
plan would show the relationship of the proposed subdivision or certified
survey to traffic arteries and existing community facilities. This
consultation is neither formal nor mandatory but is intended to inform
the subdivider of the purpose and objectives of these regulations,
the Master Plan, Comprehensive Plan components and plan implementation
devices of the City and to otherwise assist the subdivider in planning
his/her development. The subdivider will gain a better understanding
of the subsequent required procedures.
B.
Prior to filing an application for the approval of a preliminary
plat, the subdivider should attend a preliminary consultation meeting
with the Plan Commission. The Plan Commission may waive this requirement
for small projects.
A.
Submission. Before submitting a final plat for approval, the subdivider shall prepare a preliminary plat and a letter of application. The subdivider shall submit 15 copies of the preliminary plat. The preliminary plat shall be prepared in accordance with the standards of this chapter, particularly § 443-20, and the subdivider shall file copies of the plat and the application as required by this section with the City Administrator/Clerk-Treasurer at least 10 days prior to the meeting of the Plan Commission at which action is desired. The City Administrator/Clerk-Treasurer shall submit copies of the preliminary plat to the Plan Commission, and to the City Engineer for review and written report of his/her recommendations and reactions to the proposed plat.
B.
Public improvements. Simultaneously with the filing of the preliminary
plat or map, the owner shall file with the City Administrator/Clerk-Treasurer
a concept report addressing sewer and water service feasibility, drainage
facilities and center line profiles showing streets in the subdivision.
C.
Property owners' association; restrictive covenants. A draft of the
legal instruments and rules for proposed property owners' associations,
when the subdivider proposes that common property within a subdivision
would be either owned or maintained by such an organization of property
owners or a subunit of the City pursuant to § 236.293, Wis.
Stats., and proposed deed restrictions or restrictive covenants, shall
be submitted at the time of filing the preliminary plat with the City Administrator/Clerk-Treasurer.
D.
Affidavit. The surveyor preparing the preliminary plat shall certify
on the face of the plat that it is a correct representation of all
existing land divisions and features and that he/she has fully complied
with the provisions of this chapter.
E.
Supplementary data to be filed with preliminary plat. The following
shall also be filed with the preliminary plat:
(1)
Use statement. A statement of the proposed use of lots stating type
of residential buildings with number of proposed dwelling units and
types of business or industry so as to reveal the effect of the development
on traffic, fire hazards and congestion of population.
(2)
Zoning changes. If any zoning changes are contemplated, the proposed
zoning plan for the areas, including dimensions.
(3)
Area plan. Where the subdivider owns property adjacent to that which is being proposed for the subdivision, the subdivider shall comply with the requirements of § 443-20A(5) for the remainder of the property so as to show the possible relationships between the proposed subdivision and future subdivision. In any event, all subdivisions must be shown to relate well with existing or potential adjacent subdivisions.
(4)
Abstract of title.
(a)
Simultaneously with the filing of the preliminary plat with
the City Administrator/Clerk-Treasurer, or as soon thereafter as practicable,
the subdivider shall provide an abstract or abstracts of title covering
the entire property contained with the subdivision. Said abstract(s)
shall be updated to within 10 days of the time that it is provided
to the City Administrator/Clerk-Treasurer. Said abstract(s) shall
be returned to the subdivider within three months.
(b)
The purpose of requiring abstracts of title for platted subdivisions
is to assure the City that the subdivider has adequate title to all
property which the subdivider intends to dedicate to public purposes.
The City shall cause said abstract or abstracts of title to be reviewed.
If the City raises any objection or deficiency with regard to the
subdivider's title to any portion of the property proposed on the
plat to be dedicated for public improvements, the City shall so notify
the subdivider. No final plat shall be approved unless the subdivider
shall rectify all title defects relating to those portions of the
property to be used for public improvements.
F.
Street plans and profiles. The subdivider shall provide preliminary
street profiles showing existing ground surface, including extensions
for a reasonable distance beyond the limits of the proposed subdivision
when requested.
G.
Soil testing. The subdivider may be required to provide a preliminary soils report, listing the types of soil in the proposed subdivision, their effect on the subdivision and a proposed soil testing and investigation program. Pursuant to the public policy concerns prescribed in § 443-9, the City Engineer may, in addition, require that borings and soundings be made in specified areas to ascertain subsurface soil, rock and water conditions, including depth to bedrock and depth to groundwater table. A minimum of one boring per 1,000 feet of center line street to a minimum depth of 15 feet is required.
H.
Referral to other agencies and utilities.
(1)
Utilities. The subdivider shall also forward a copy to the local
electric, gas, cable television and telephone utilities. When the
subdivider expects the City to act as the transmitting authority in
accordance with § 236.12, Wis. Stats., the application shall
state that the transmittal responsibility lies with the City, shall
contain a list of the other authorities to which the plat must be
submitted, and shall be accompanied by such additional fees and copies
of the plat as are necessary to be transmitted to such authorities.
(2)
State agencies. The City Administrator/Clerk-Treasurer shall, within
two days after the filing of the preliminary plat, transmit copies
to the Department of Administration, additional copies to the Department
of Administration for retransmission of copies to the Wisconsin Department
of Transportation if the subdivision abuts or adjoins a state trunk
highway or a connecting street, copies to the Wisconsin Department
of Natural Resources if shoreland or floodlands are contained within
the proposed subdivision, and to the Department of Safety and Professional
Services if the subdivision is not served by a public sewer and provision
for that service has not been made. The Wisconsin Department of Administration,
Wisconsin Department of Natural Resources and the Wisconsin Department
of Transportation shall be hereinafter referred to as "objecting agencies."
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(3)
Alternative method. In lieu of the procedure set forth in Subsection H(2) above, the subdivider may, pursuant to § 236.12, Wis. Stats., submit the original drawing of the preliminary plat directly to the Wisconsin Department of Administration, who will prepare and forward copies of the plat at the subdivider's expense to the objecting agencies. When the subdivider elects to use this alternative procedure, it shall be the responsibility of the subdivider to submit the additional copies required herein by Subsection H(4) and (5) below.
(4)
City agencies. The City Administrator/Clerk-Treasurer shall also
transmit two copies of the preliminary plat to the Plan Commission
and additional copies to the Water and Sewer Utilities and all affected
City committees, commissions or departments for their review and recommendations
concerning matters within their jurisdiction. The recommendations
of the affected committees, commissions, and departments shall be
transmitted to the City Plan Commission for conformance with this
chapter and all ordinances, rules, regulations, the Comprehensive
Plans and Comprehensive Plan components, and neighborhood plans.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(5)
Extraterritorial requests. The City Administrator/Clerk-Treasurer
shall also transmit one copy each of the preliminary plat to the respective
Township Boards for their review and recommendation concerning matters
within the Township area affected by the City's extraterritorial jurisdiction.
Their recommendations shall be transmitted to the Plan Commission
within 30 days from the date the plat is filed.
(6)
Action by outside agencies. Within 20 days of the date of receiving the copies of the preliminary plat, any state or county agency having authority to object under Subsection H(2) above shall notify the subdivider and all approving or objecting authorities of any objection based upon failure of the plat to comply with the statutes or rules which its examination is authorized to cover, or, if all objections have been satisfied, it shall so certify on the face of a copy of the plat and return that copy to the approving authority from which it was received. The plat shall not be approved or deemed approved until any objections have been satisfied. If the objecting agency fails to act within the twenty-day limit, it shall be deemed to have no objection to the plat. The recommendations of City agencies shall also be transmitted to the Plan Commission within 20 days from the date the plat is filed.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A.
Advisory Plan Commission review. After review of the preliminary
plat and negotiations with the subdivider on changes deemed advisable
and the kind and extent of public improvements which will be required,
the Plan Commission shall, within 60 days of filing, or within such
time as extended by agreement with the subdivider, recommend to the
City Council approval, conditional approval, or rejection of the plat.
The subdivider shall be notified in writing of any conditions for
approval of the reasons for rejection. Such action of the Plan Commission
shall be submitted to the City Council for approval and the subdivider
shall be notified in writing of any changes or modifications in the
action of the Plan Commission and the reasons therefor.
B.
Council action.
(1)
After receipt of the Plan Commission's recommendation, the City Council
shall, within 90 days of the date the plat was filed with the City
Administrator/Clerk-Treasurer, approve, approve conditionally or reject
such plat and shall state, in writing, any conditions of approval
or reasons for rejection, unless the time is extended by agreement
with the subdivider.
(2)
Failure of the City Council to act within 90 days or mutual extension
thereof shall constitute an approval of the preliminary plat, unless
other authorized agencies object to the plat.
(3)
The City Administrator/Clerk-Treasurer shall communicate in writing
to the subdivider the action of the City Council. If the preliminary
plat is approved, the City Administrator/Clerk-Treasurer shall endorse
it for the City Council.
C.
Effect of preliminary plat approval. Approval or conditional approval
of a preliminary plat shall entitle the final plat to approval, provided
the final plat conforms substantially to the preliminary plat, including
any conditions of that approval, conforms to applicable local plans
and ordinances and is submitted within 36 months of the last required
approval of the preliminary plat. If the final plat is not submitted
within 36 months after the last required approval of the preliminary
plat, the Plan Commission may refuse to approve the final plat or
may extend the time for submission of the final plat. Previous preliminary
plat approvals shall not constitute grounds for approval upon resubmission.
The preliminary plat shall be deemed an expression of approval or
conditional approval of the layout submitted as a guide to the preparation
of the final plat which will be subject to further consideration by
the Plan Commission and City Council at the time of its submission.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
D.
Preliminary plat amendment. Should the subdivider desire to amend
the preliminary plat as approved, he/she may resubmit the amended
plat which shall follow the same procedure outlined herein, unless
the amendment is, in the opinion of the Plan Commission, of such scope
as to constitute a new plat, in which such case it shall be refiled.
A.
Filing requirements.
(1)
The subdivider shall prepare a final plat and a letter of application
in accordance with this chapter and shall file 20 copies of the plat
and the application with the City Administrator/Clerk-Treasurer at
least 21 days prior to the meeting of the Plan Commission at which
action is desired. The owner or subdivider shall file 20 copies of
the final plat not later than 36 months after the date of approval
of the preliminary plat; otherwise, the preliminary plat and final
plat will be considered void unless an extension is requested in writing
by the subdivider and for good cause granted by the City. The owner
or subdivider shall also submit at this time a current certified abstract
of title or registered property report and such other evidence as
the City Attorney may require showing title or control in the applicant.
A written transmittal letter shall identify all substantial changes
that have been made to the plat since the preliminary plat. When the
subdivider expects the City to act as the transmitting authority in
accordance with § 236.12, Wis. Stats., the application shall
state that transmittal responsibilities lie with the City and shall
contain a list of the other authorities to which the plat must be
submitted and shall be accompanied by such additional fees and copies
of the plat as are necessary to be transmitted to such authorities.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(2)
If the City is acting as the transmitting authority, the City Administrator/Clerk-Treasurer
shall, within two days after filing, transmit copies to the Department
of Administration and additional copies to the Department of Administration
for retransmission of copies to the Wisconsin Department of Transportation
if the subdivision abuts or adjoins a state trunk highway or a connecting
street, to the Department of Safety and Professional Services if the
subdivision is not served by a public sewer and provision for that
service has not been made, and to the Wisconsin Department of Natural
Resources if shorelands or floodlands are contained within the proposed
subdivision, and copies to all affected City boards, commissions and
committees. The Department of Administration, the Department of Safety
and Professional Services, the Department of Natural Resources and
the Department of Transportation shall be hereinafter referred to
as "objecting agencies."
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(3)
In lieu of the procedure set forth in Subsection A(2) above, the subdivider may, pursuant to § 236.12, Wis. Stats., submit the original drawing of the final plat directly to the Wisconsin Department of Administration, who will prepare and forward copies of the plat at the subdivider's expense to the objecting agencies. When the subdivider elects to use this alternative procedure, it is the responsibility of the subdivider to submit sufficient additional copies of the final plat to the City Administrator/Clerk-Treasurer for review by the Plan Commission.
(4)
The final plat shall conform to the preliminary plat as approved
and to the requirements of all applicable ordinances and state laws
and shall be submitted for certification of those agencies having
the authority to object to the plat as provided by § 236.12(2),
Wis. Stats.
(5)
The City Administrator/Clerk-Treasurer shall refer copies of the
final plat to the Plan Commission and one copy to the City Engineer.
The recommendations of the Plan Commission and City Engineer shall
be made within 30 days of the filing of the final plat. The City Engineer
shall examine the plat or map and preliminary plans and specifications
of public improvements for technical details and, if he/she finds
them satisfactory, shall so certify in writing to the Plan Commission.
If the plat or map or the plans and specifications are not satisfactory,
the City Engineer shall return them to the owner and so advise the
Plan Commission.
B.
Plan Commission review.
(1)
The Plan Commission shall examine the final plat as to its conformance
with the approved preliminary plat, any conditions of approval of
the preliminary plat, this chapter and all applicable ordinances,
rules, regulations, Comprehensive Plans and Comprehensive Plan components
which may affect it and shall recommend approval, conditional approval
or rejection of the plat to the City Council.
(2)
The objecting state 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, except
that the Wisconsin Department of Administration has 30 days in which
to make 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. 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 at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(3)
If the final plat is not submitted within 36 months after the last
required approval of the preliminary plat, the Plan Commission may
refuse to approve the final plat or may extend the time for submission
of the final plat.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(4)
The Plan Commission shall, within 45 days of the date of filing of
the final plat with the City Administrator/Clerk-Treasurer, recommend
approval, conditional approval or rejection of the plat and shall
transmit the final plat and application along with its recommendations
to the City Council. The Plan Commission may hold the matter in abeyance
if there is incomplete or inadequate information.
C.
Council review and approval.
(1)
The City Council shall, within 60 days of the date of filing the
original final plat with the City Administrator/Clerk-Treasurer, approve
or reject such plat unless the time is extended by agreement with
the subdivider. If the plat is rejected, the reasons shall be stated
in the minutes of the meeting and a written statement of the reasons
forwarded to the subdivider. The City Council may not inscribe its
approval on the final plat unless the City Administrator/Clerk-Treasurer
certifies on the face of the plat that the copies were forwarded to
objecting agencies as required herein, the date thereof and that no
objections have been filed within 20 days or, if filed, have been
met.
(2)
The City Council shall, when it determines to approve a final plat,
give at least 10 days' prior written notice of its intention to the
municipal clerk of any municipality within 1,000 feet of the final
plat.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(3)
Failure of the City Council to act within 60 days, the time having
not been extended by mutual written agreement and no unsatisfied objections
having been filed, the plat shall be deemed approved.
D.
Recordation. After the final plat has been approved by the City Council,
required improvements are either installed or a contract and sureties
insuring their installation is filed, all outstanding special assessments
have been made, and park and recreation fees required by this chapter
have been paid to the City, the City Administrator/Clerk-Treasurer
shall cause the certificate inscribed upon the plat attesting to such
approval to be duly executed and the plat returned to the subdivider
for recording with the County Register of Deeds. The Register of Deeds
cannot record the plat unless it is offered within 12 months after
the date of last approval of the plat and within 36 months after the
first approval. Recording fees shall be paid by the subdivider.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
E.
Final copies. The subdivider shall file 10 copies of the final plat
as approved with the City Administrator/Clerk-Treasurer for distribution
to the approving agencies, affected utilities and other affected agencies
for their files. One Mylar copy shall also be filed with the City
Administrator/Clerk-Treasurer.
F.
Partial platting. If permitted by the City Council, 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
proposed to record at one time; however, it is required that each
such phase be final platted and be designated as a phase of the approved
preliminary plat.
A.
Use of certified survey map.
(1)
A certified survey map, prepared and recorded in accordance with
§ 236.34, Wis. Stats., and the requirements of this article,
and having been approved by the City Council, may be used in lieu
of a subdivision plat to divide or consolidate lands, or dedicate
lands, provided that one of the following conditions is met:
(a)
The division or consolidation is of any lot, outlot, parcel,
or other lands previously approved by the City and recorded with the
Polk County Register of Deeds as a subdivision plat, certified survey,
or Assessor's plat, of any size, which results in not more than four
lots, outlots, parcels, or mortgage descriptions being created by
any division or successive division, regardless of any changes in
ownership, within any five-year period; or
(b)
The division or consolidation is of any lot, outlot, parcel,
or other lands previously recorded with the Polk County Register of
Deeds, including those recorded by a metes and bounds description,
provided any of the resulting parcels are not less than 1 1/2
acres in size, and which results in not more than four lots, outlots,
parcels, or mortgage descriptions being created by any division or
successive division, regardless of changes of ownership, within any
five-year period.
(2)
In the event a proposed land division does not meet the above requirements,
the proposed land division must be pursued as a subdivision plat.
(3)
The certified survey map shall include the entire original parcels of land owned or controlled by the subdivider, including those proposed for division or consolidation. The subdivider shall comply with all requirements of this chapter including Article VII, Design Standards, and Article VI, Required Improvements, when a certified survey map is used. A certification of the approval of the certified survey map by the City Council shall be inscribed legibly on the face of the map. A certificate of the City Administrator/Clerk-Treasurer stating that there are no unpaid special assessments or taxes on the lands shall be included on the certified survey map.
(4)
The applicant for a land division shall file 10 acceptable reproductions
of a certified survey map and a written application requesting approval
with the City Administrator/Clerk-Treasurer.
B.
Referral to Plan Commission. The subdivider shall prepare the certified survey map in accordance with this chapter and shall file the application with the City Administrator/Clerk-Treasurer at least 30 days prior to the meeting of the Plan Commission at which action is desired. Preapplication conference similar to the consultation suggested in § 443-12 is recommended. A preliminary certified survey map may be required when the division provides for land to be dedicated to the public. The City Administrator/Clerk-Treasurer shall, within two normal work days after filing, transmit the copies of the map and letter of application to the Plan Commission.
C.
Review by other City agencies. The City Administrator/Clerk-Treasurer
shall transmit a copy of the map to all affected City boards, commissions
or departments for their review and recommendations concerning matters
within their jurisdiction. Their recommendations shall be transmitted
to the Plan Commission within 30 days from the date the map is filed.
The map shall be reviewed by the Plan Commission for conformance with
this chapter and all ordinances, rules, regulations, Comprehensive
Plans, Comprehensive Plan components and neighborhood plans.
D.
Review and approval. The Plan Commission shall, within 40 days from
the date of filing of the certified survey map, recommend approval,
conditional approval or rejection of the map and shall transmit the
map along with its recommendations to the City Council. The City Council
shall approve, approve conditionally and thereby require resubmission
of a corrected certified survey map or reject such certified survey
map within 90 days from the date of filing of the map unless the time
is extended by agreement with the subdivider. If the map is rejected,
the reason shall be stated in the minutes of the meeting and a written
statement forwarded to the subdivider. If the map is approved, the
City Council shall cause the City Administrator/Clerk-Treasurer to
so certify on the face of the original map and return the map to the
subdivider.
E.
Recordation.
(1)
The subdivider shall file a copy of the approved certified survey
map together with the approving resolution with the County Register
of Deeds within 12 months after the date of the last approval of the
map and within 36 months after the date of the first approval of the
map. All recording fees shall be paid by the subdivider.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(2)
No building permits shall be issued and no improvements shall be
made until the certified survey is recorded and a document recording
number is filed with the Building Inspector.
A.
Except as provided in § 70.27(1), Wis. Stats., when it
is proposed to replat a recorded subdivision, or part thereof, so
as to change the exterior 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 using the approval procedures for preliminary and
final plats prescribed in this article.
B.
Whenever a preliminary plat of a replat is filed, the Plan Commission
shall schedule and hold a public hearing before it acts on the plat.
Notices of the proposed replat and public hearing shall be published
as a Class 3 notice and be mailed, at the subdivider's expense, 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 proposed replat.
C.
Whenever an approved final plat is submitted for reapproval within
six months of the initial resolution approving the plat, and which
is substantially in conformance with the approved plat, and which
has not been recorded with the Register of Deeds, said plat shall
be reapproved by the City Council. No final plats shall be reapproved
by the City Council following the expiration of the six-month period.
Such plats shall be submitted as a new plat. All previous approvals
shall be null and void and shall have no further bearing on the subsequent
review and approval of the plat by the City.
D.
Where lots are more than double the minimum size required for the
applicable zoning district, the Plan Commission may require that such
lots be arranged so as to allow resubdivision of such parcels into
normal lots in accordance with the provisions of this chapter.
A.
A preliminary plat, final plat or certified survey shall not be approved
unless the Plan Commission and the City Council determine that adequate
public facilities and public services will be available to meet the
needs of the proposed land division and that no public funds other
than those already provided in an adopted capital or operating budget
are required.
B.
The applicant shall furnish any data requested by the City Administrator/Clerk-Treasurer
who shall transmit this information to the appropriate commission(s),
committee(s) and staff for review; the City Administrator/Clerk-Treasurer
shall act as coordinator of the reports from staff to the Plan Commission
and City Council on the adequacy of water, sanitary and storm sewers,
fire service, police, parks and open space and recreation facilities,
transportation facilities, traffic counts, and schools.
C.
Public facilities and public services for a proposed land division
may be found to be adequate when the following conditions exist:
(1)
The proposed land division is located in an urban service area where
adequate sewer service is presently available for extension, under
construction or designated by the City Council for extension of sewer
service, and funds are specifically provided for such extension either
from public or private financing. The Plan Commission and the City
Council shall consider the recommendations of the City Engineer and
the appropriate committee(s) on the capacity of trunk lines and of
sewerage treatment facilities and any other information presented.
(2)
The proposed land division is located within an urban service area
contiguous to an arterial transmission water main of adequate capacity
for the proposed development or if the water distribution system that
is needed is under construction or scheduled for construction and
funds, either public or private, are available for the program. The
Plan Commission and the City Council shall consider the recommendations
from the City's utilities and the City Engineer and the appropriate
committee(s) on line capacities, water sources and storage facilities,
as well as any other information presented.
(3)
The City Administrator/Clerk-Treasurer verifies to the Plan Commission
and the City Council that adequate funds, either public or private,
are available to insure the installation of all necessary stormwater
management facilities.
(4)
The Director of Public Works can demonstrate to the Plan Commission
and the City Council that street maintenance and refuse collection
services, either public or private, are so situated that adequate
and timely service can be provided so as not to involve danger or
injury to the health, safety or general welfare to the future residents
of the proposed land division or existing City residents.
(5)
The Plan Commission verifies that the future residents of the proposed
land division can be assured park, recreation and open space facilities
and services which meet the standards of the City's Master Plan.
(6)
The Police Department, EMS and Fire Department verify that timely
and adequate service can be provided to the residents.
(7)
The proposed land division is accessible by existing or officially
mapped, publicly maintained, all-weather roadway system, adequate
to accommodate both existing traffic and that traffic to be generated
by the proposed land division in accordance with the Official Map
and City Standards.
D.
Where the Plan Commission and the City Council determine that one
or more public facilities or services are not adequate for the proposed
development, but that a portion of the area could be served adequately,
or that careful phasing of the development could result in all public
facilities and public services being adequate, conditional approval
may include only such portions or may specify phasing of the development.
E.
No land shall be divided which has been officially mapped as public
lands or a stormwater management facility or is determined by the
City Council to be unsuitable for use by reason of flooding, bad drainage,
soil or rock formations with severe limitations for development, severe
erosion potential or unfavorable topography, or any other feature
likely to be harmful to health, safety or welfare of future residents
or landowners in the proposed land division or of the community.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
F.
The above requirements shall not apply to those areas outside the
corporate limits of the City of Amery and within the City's extraterritorial
limits. Areas within the City capable of being served by public sewer
and water shall be required to connect to the City of Amery public
water distribution and/or public sewerage system as required by the
City Engineer.
A.
The purpose of requiring approvals under this chapter is to ensure
the health, safety, morals, comfort, prosperity and general welfare
of the City of Amery. This chapter shall not be interpreted as placing
any responsibility or liability on any City official, City employee
or the City as a municipal corporation for the granting of approval
or the denial of any approval. All approvals rendered as part of this
chapter shall be considered as being approved conditionally based
on the information and circumstances apparent at that time.
B.
Approvals issued by the City shall not be construed as an assumption
or expression of any responsibility, warranty or guarantee for the
design or construction of any improvements within the land division.
