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 City staff for advice regarding
general subdivision requirements. Information on meeting dates, agenda
deadlines and filing requirements may be obtained from the City 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 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 shall attend a preliminary consultation meeting
with the Planning Committee. The Planning Committee may waive this
requirement for small projects.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
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 20 copies of the preliminary plat. The preliminary plat shall be prepared in accordance with the standards of this chapter, particularly § 472-20, and the subdivider shall file copies of the plat and the application as required by this section with the City Clerk-Treasurer at least 30 days prior to the meeting of the Planning Committee at which action is desired. The City Clerk-Treasurer shall submit copies of the preliminary plat to the Planning Committee and to the City Engineer for review and written report of his recommendations and reactions to the proposed plat.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
B.
Public improvements. Simultaneously with the filing of the preliminary
plat or map, the owner shall file with the City 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
Clerk-Treasurer.
D.
Environmental assessment.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(1)
Filing requirement. An Environmental Assessment Checklist (Appendix
A)[1] shall be completed by the subdivider for review by the
Planning Committee with the preliminary plat, or preferably as part
of the preapplication conference, for any subdivision or land division
by certified survey which the City has authority to approve.
[1]
Editor's Note: Appendix A is included as an attachment to this chapter.
(2)
Purpose. The purpose of this Environmental Assessment Checklist is
to provide the basis for an orderly, systematic review of the effects
of all new subdivisions upon the community environment in accordance
with the principles and procedures of Wisconsin Statutes set for local
subdivision regulation. The Planning Committee will use these procedures
in determining land suitability. The goals of the community in requiring
this checklist are to eliminate or reduce pollution and siltation
to an acceptable standard, assume ample living space per capita, preserve
open space and parks for recreation, provide adequately for stormwater
control, maintain scenic beauty and aesthetic surroundings, administer
to the economic and cultural needs of the citizens and provide for
the effective and efficient flow of goods and services.
(3)
Coverage. The Environmental Assessment Checklist shall apply to all
reviewable subdivisions and land divisions by certified survey. The
Planning Committee may waive the requirement for the filing of an
Environmental Assessment Checklist for land divisions by certified
survey of less than five acres total area.
(4)
Preliminary checklist for environmental assessment of plats, land
divisions and community development plans. An Environmental Assessment
Checklist form as required under this subsection is available from
the City Clerk-Treasurer. The Planning Committee shall review the
checklist annually.
E.
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.
F.
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; types
of business or industry so as to reveal the effect of the development
on traffic, fire hazards and congestion of population; and
(2)
Zoning changes. If any zoning changes are contemplated, the proposed
zoning plan for the areas, including dimensions; and
(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 § 472-20A(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.
G.
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.
H.
Soil testing. The subdivider shall 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 § 472-9, 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.
I.
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 of Colby,
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 Clerk-Treasurer shall, within two days after
the filing of the preliminary plat, transmit copies to the Wisconsin
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 and an adequate number of copies to
the Planning Committee. The Wisconsin Department of Administration
and the Wisconsin Department of Transportation shall be hereinafter
referred to as "objecting agencies." The City Clerk-Treasurer shall
also transmit a copy of the preliminary plat to other affected City
boards, commissions or departments for their review and recommendations
concerning matters within their jurisdiction.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(3)
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 I(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, except that the Department of Administration shall have 30 days in which to act, 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 or the Department of Administration fails to act within 30 days, it shall be deemed to have no objection to the plat. The recommendations of City agencies shall also be transmitted to the Planning Committee 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.
Committee action.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(1)
The Planning Committee shall, within 90 days of the date the preliminary
plat was filed with the City 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. Failure of the Planning Committee to
act within 90 days or extension thereof shall constitute an approval
of the preliminary plat, unless other authorized agencies object to
the plat. The City Clerk-Treasurer shall communicate to the subdivider
the action of the Planning Committee. If the preliminary plat is approved,
the City Clerk-Treasurer shall endorse it for the Planning Committee.
(2)
Upon approval of the preliminary plat, the Planning Committee shall
refer copies of the preliminary plat as approved to the City Clerk-Treasurer.
An abstract of title or registered property report may be referred
to the City Attorney for his examination and report.
B.
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 preliminary plat is approved,
the final plat must be approved by the Common Council within 36 months
or the preliminary plat approval is void. Previous preliminary plat
approvals shall not constitute grounds for approval upon resubmission.
C.
Preliminary plat amendment. Should the subdivider desire to amend
the preliminary plat as approved, he may resubmit the amended plat,
which shall follow the same procedure outlined herein, unless the
amendment is, in the opinion of the Planning Committee, of such scope
as to constitute a new plat, in which such case it shall be refiled.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
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 Clerk-Treasurer at least 21 days
prior to the meeting of the Planning Committee 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 of Colby. 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 of Colby 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 subjected 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 Clerk-Treasurer
shall, within two days after filing, transmit copies to the Wisconsin
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, copies to all affected City boards,
commissions and committees and the original final plat and adequate
copies to the Planning Committee. The Wisconsin Department of Administration
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)
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.
(4)
The City Clerk-Treasurer shall refer copies of the final plat to
the Planning Committee, and one copy to the City Engineer. The recommendations
of the Planning Committee 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 finds them satisfactory,
shall so certify in writing to the Planning Committee. 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 Planning
Committee.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(5)
The final plat shall be examined by the City Engineer, City Planner,
City Attorney or other qualified staff to determine whether the final
plat conforms substantially to the preliminary plat. Any such conclusions
shall be made a part of the record of any meeting at which the final
plat is considered, pursuant to § 236.11(1)(c), Wis. Stats.
B.
Planning Committee review.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(1)
The Planning Committee 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 Common 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 of Colby. If an objecting agency fails to act within 20 days
or the Department of Administration fails to act within 30 days, it
shall be deemed to have no objection to the plat.
(3)
If the final plat is not submitted within 36 months of the last-required
approval of the preliminary plat, the Planning Committee may refuse
to make a recommendation and advance the final plat and the Common
Council may refuse to approve the final plat.
(4)
The Planning Committee shall, within 45 days of the date of filing
of the final plat with the City 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 Common
Council. The Planning Committee may hold the matter in abeyance if
there is incomplete or inadequate information.
C.
Council review and approval.
(1)
The Common Council shall, within 60 days of the date of filing the original final plat with the City 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 Common Council may not inscribe its approval on the final plat unless the City 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 the time frame prescribed in Subsection B(2) or, if filed, have been met.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(2)
The Common 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.
(3)
Upon failure of the Common 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.
(1)
After the final plat has been approved by the Common 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 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. Recording fees shall be paid by the subdivider.
(2)
Pursuant to § 236.25(2)(b), Wis. Stats., the County Register
of Deeds cannot record the final 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 of the plat.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(3)
The subdivider shall file proof of recording of all deed restrictions,
covenants, agreements or other documents required to be recorded with
the Register of Deeds as a condition of approval. In the event any
such document may not be recorded prior to the recording of the plat,
the subdivider shall provide duplicate originals of all such documents
along with written authorization for the City to record such documents,
at the subdivider's expense, in the event they are not recorded at
the same time as the final plat.
E.
Final copies. The subdivider shall file 10 copies of the final plat
as approved with the City 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
Clerk-Treasurer.
F.
Partial platting. The final plat may, if permitted by the Planning
Committee, constitute only that portion of the approved preliminary
plat which the subdivider proposes to record at the time.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
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 Common 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
Clark or Marathon 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 Clark or Marathon County
Register of Deeds, including those recorded by a metes-and-bounds
description, provided any of the resulting parcels are not less than
35 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 Common Council shall be inscribed legibly on the face of the map. A certificate of the City 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 with the City Clerk-Treasurer
20 acceptable reproductions of a certified survey map and a written
application requesting approval.
B.
Referral to Planning Committee. The City Clerk-Treasurer shall, within
two normal workdays after filing, transmit the copies of the map and
letter of application to the Planning Committee.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
C.
Review by other City agencies. The City 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 Planning
Committee within 14 days from the date the map is filed. The map shall
be reviewed by the Planning Committee for conformance with this chapter
and all ordinances, rules, regulations, Comprehensive Plans, Comprehensive
Plan components and neighborhood plans.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
D.
Review and approval. The Planning Committee 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 Common Council. The Common
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
Common Council shall cause the City Clerk-Treasurer to so certify
on the face of the original map and return the map to the subdivider.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
E.
Recordation.
(1)
The applicant 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 resolution of
approval and not later than 36 months after the date of the first
resolution of approval.
[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.
Replat approval procedures. 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.
Hearing. Whenever a preliminary plat of a replat is filed, the Planning
Committee 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
C.
Review time line. Whenever an approved final plat is submitted for
reapproval within 36 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 Common Council. No final plats
shall be reapproved by the Common Council following the expiration
of the thirty-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.
Lot dimensions. Where lots are more than double the minimum size
required for the applicable zoning district, the Planning Committee
may require that such lots be arranged so as to allow resubdivision
of such parcels into normal lots in accordance with the provisions
of the chapter.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
A.
Adequacy of public facilities determination. A preliminary plat,
final plat or certified survey shall not be approved unless the Planning
Committee and the Common 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
B.
Submittal of information. The applicant shall furnish any data requested
by the City Clerk-Treasurer, who shall transmit this information to
the appropriate commission(s), committee(s) and staff for review;
the City Clerk-Treasurer shall act as coordinator of the reports from
staff to the Planning Committee and Common Council on the adequacy
of water, sanitary and storm sewers, fire service, police, parks and
open space and recreation facilities, transportation facilities, roads
and schools.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
C.
Review of adequacy. Public facilities and public services for a proposed
land division may be found to be adequate when the following conditions
exist:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(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 Common Council for extension of
sewer service, and funds are specifically provided for such extension
either from public or private financing. The Planning Committee and
the Common Council shall consider the recommendations of the City
Engineer and the appropriate committee(s) on the capacity of trunk
lines and of sewage 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
Planning Committee and the Common 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 Clerk-Treasurer verifies to the Planning Committee and the
Common Council that adequate funds, either public or private, are
available to ensure the installation of all necessary stormwater management
facilities.
(4)
The Director of Public Works can demonstrate to the Planning Committee
and the Common 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 of the future residents
of the proposed land division or existing City residents.
(5)
The Planning Committee 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 Comprehensive
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 an 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.
Project phasing. Where the Planning Committee and the Common 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.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
E.
Officially mapped parcels. No land shall be divided which has been
officially mapped as public lands, stormwater management facility
or is determined by the Common 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 the health,
safety or welfare of future residents or landowners in the proposed
land division or of the community.
F.
Extraterritorial areas. The above requirements shall not apply to
those areas outside the corporate limits of the City of Colby 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 Colby public water distribution and/or public sewerage
system as required by the City Engineer.
A.
Application required. No person, firm or corporation shall divide
any land located within the 1-1/2-mile extraterritorial plat approval
jurisdiction of the City of Colby without first filing an application
and a certified survey map with the City for approval by the Planning
Committee.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
B.
Preapplication procedure.
(1)
Before filing an application for approval of a certified survey,
the subdivider shall consult with the Planning Committee and shall:
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(2)
This procedure will assist the developer in appraising the objectives
of these regulations, the Master Plan, the Official Map and other
pertinent City ordinances.
(3)
The preapplication information shall be submitted to the Planning
Committee for review and approval 15 days prior to the time when the
application will be considered.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
C.
Land division by certified survey procedure.
(1)
For land divisions by certified survey as defined in § 472-15, the procedure for approval by the City shall be as specified in § 472-15. The Planning Committee may require approval of the certified survey map by the pertinent town board before acting as specified under this section.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. II)]
(2)
The City of Colby will attempt to seek consistency of locally adopted
town plans.
A.
The purpose of requiring approvals under this chapter is to ensure
the health, safety, morale, comfort, prosperity and general welfare
of the City of Colby. 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.
