A.
Determination of adequacy of public facilities and services.
1.
A Preliminary plat, final plat or Certified Survey Map shall not
be approved unless it is determined that adequate public facilities
and public services will be available to meet the needs of the proposed
land division. Adequacy shall be determined to exist when the following
conditions exist:
a.
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 within the current capital budget year and funds
are specifically provided for such extension either from public or
private financing. The Plan Commission and the Common Council shall
consider the recommendations of the City Engineer and the appropriate
committees on the capacity of trunk lines and of sewerage treatment
facilities and any other information presented.
b.
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
within the current budget year, and funds, either public or private,
are available for the program. The Plan Commission and the Common
Council shall consider the recommendations of the City Engineer and
the appropriate committee(s) on line capacities, water sources and
storage facilities, as well as any other information presented. The
City Engineer verifies to the Plan Commission and the Common Council
that adequate funds, either public or private, are available to insure
the installation of all necessary stormwater management facilities.
c.
The City Engineer can demonstrate to the Plan Commission 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 to the future residents of the proposed
land division or existing City residents.
d.
The Parks and Recreation Director or Zoning Administrator verifies
to the Plan Commission 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 Comprehensive Outdoor
Recreation Plan as adopted by the Common Council.
e.
The Police Department and Fire Department verify that timely
and adequate service can be provided to the residents.
f.
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.
2.
Where the Plan Commission 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.
3.
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 health, safety or welfare of future residents
or landowners in the proposed land division or of the community.
4.
The above requirements shall not apply to those areas outside the
corporate limits of the City of Onalaska 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 Onalaska public
water distribution and/or public sewerage system if determined by
the City Engineer to be feasible. If such connection(s) are not determined
feasible, the proposed land division shall provide for adequate on
site systems and such special piping provisions as may be necessary
to serve the anticipated development during the interim period until
such City public water and/or sewerage systems are determined by the
City Engineer to be feasibly available for connection. The subdivider,
and their heirs and assigns, shall, by written plat restriction, agree
to abandon the interim water and sewerage facilities and connect to
the City public water and sewerage facilities upon a determination
by the City Engineer that such facilities are available for feasible
connection.
B.
Disclaimers on approvals.
1.
The purpose of requiring approvals under this Title is to insure
the health, safety, morale, comfort, prosperity and general welfare
of the City. This Title 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 Title shall be
considered as being approved conditionally based on the information
and circumstances apparent at that time.
2.
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.
A.
Applicability.
1.
To transfer land from one existing parcel to another, where both
new parcels meet code requirements.
B.
Pre-application meeting. A pre-application meeting pursuant to Section 13.05.12D is suggested prior to submitting a minor subdivision application.
C.
Submission. The application for a minor subdivision shall be filed pursuant to Section 13.05.12C and Table 13.05.11-1.
D.
Review process.
1.
Application distributed. The Zoning Administrator and
City Engineer shall review the application and plans and refer them
to applicable City staff for review.
2.
Decision. The Zoning Administrator and City Engineer
shall approve or deny the application and provide the applicant with
written notice of the decision and reasons for approval or denial.
E.
Recordation. The subdivider shall record the Certified
Survey Map or Metes and Bounds Survey Map within 30 days of approval
at the Office of the La Crosse County Register of Deeds and provide
a copy of the recorded document to the Engineering Department. Failure
to do so shall necessitate a new review and reapproval.
A.
Applicability.
1.
Platted area. When it is proposed to divide a lot, outlot
or block within a recorded subdivision plat, into not more than four
parcels or building sites, any one of which is five acres or less
in size and without changing the exterior boundaries of said plat,
the subdivider may do so by either a Certified Survey Map or by use
of a Metes and Bounds Survey Map in accordance with this section.
2.
Unplatted area. When it is proposed to divide land by
the owner or applicant resulting in the creation of not more than
four parcels or building sites, any one of which is five acres in
size or less, the subdivider shall prepare a Certified Survey Map
in accordance with this Title.
B.
Pre-application meeting. A pre-application meeting pursuant to Section 13.05.12D is suggested prior to submitting a minor subdivision application.
C.
Submission. The application for a minor subdivision shall be filed pursuant to Section 13.05.12C and Table 13.05.11-1.
D.
Review process.
1.
Application distributed. The Zoning Administrator shall
review the application and plans and refer them to applicable City
staff for review.
2.
Decision.
a.
The Plan Commission shall recommend approval, conditional approval,
or denial of the Certified Survey Map or Metes and Bounds Survey Map
and shall transmit the application along with its recommendations
to the Common Council.
b.
The Plan Commission may hold the matter in abeyance if there
is incomplete or inadequate information.
c.
After consideration of the Plan Commission's recommendations,
the Common Council shall review and approve, approve conditionally,
or deny the requested land division.
d.
The Common Council shall state, in writing, its findings for
approval or denial, as well as any conditions of approval.
E.
Recordation. The subdivider shall record the Certified
Survey Map or Metes and Bounds Survey Map within 30 days of Common
Council approval of the land division at the Office of the La Crosse
County Register of Deeds and provide a copy of the recorded document
to the Engineering Department. Failure to do so shall necessitate
a new review and reapproval of the map by the Common Council.
A.
Applicability. A preliminary plat application shall
be submitted to the City when any of the following apply:
1.
The applicant is proposing to create five or more lots as part of
the subdivision.
2.
The applicant is proposing to divide land into parcels that are larger
than five acres.
3.
The applicant is proposing to change the exterior boundaries of an
existing plat.
4.
Successive divisions within a five-year period creating five or more
parcels or building sites (i.e., lots or outlots).
B.
Pre-application meeting.
1.
A pre-application meeting pursuant to Section 13.05.12D is required prior to submitting a preliminary plat application.
2.
The applicant may request a meeting with the Plan Commission Subcommittee
to obtain information and guidance before entering into binding agreements
or incurring substantial expense. This consultation is neither formal
nor mandatory but is intended to inform the subdivider of the purpose
and objectives of these regulations, the Comprehensive Plan, and duly
adopted plan implementation devices of the City. Discussions that
occur are not binding on the City and do not constitute official assurances
or representations of the City.
C.
Submission.
1.
The application for a preliminary plat shall be filed pursuant to Section 13.05.12C and Table 13.05.11-1.
D.
Review process.
1.
Application distributed.
a.
The Zoning Administrator shall review the application and plans
and refer them to applicable City staff for review.
2.
Hearing on application. The Plan Commission shall hold a public hearing in accordance with Section 13.05.12J and Table 13.05.11-1.
4.
Decision.
a.
Following the public hearing, the Plan Commission shall recommend
approval, conditional approval, or denial of the preliminary plat
and shall transmit the plat and application along with its recommendations
to the Common Council.
b.
The Plan Commission may hold the matter in abeyance if there
is incomplete or inadequate information.
c.
The Common Council shall review and approve, approve conditionally,
or deny the preliminary plat application.
d.
The Common Council shall state, in writing, its findings for
approval or denial, as well as any conditions of approval.
E.
Effect of preliminary plat approval.
1.
Simultaneously with the filing of the preliminary plat or map, the
owner shall file with the City Clerk three physical copies and one
electronic copy of the final plans and specifications of public improvements
required by this chapter.
2.
Upon approval of the preliminary plat, and if approved by the City
Engineer, the applicant may start work on all improvements. Depending
on the type of improvements, the City Engineer may require the establishment
of a development agreement before work commences.
3.
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 Common Council at the time of its submission.
F.
Preliminary plat amendment. Requested amendments to
the preliminary plat shall follow the same procedure outlined in this
section. Should the subdivider desire to amend the preliminary plat
as approved, they may resubmit the amended plat which shall follow
the same procedure, except for the fee, 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 and follow the
procedures as described above.
A.
Applicability.
1.
An approved preliminary plat shall be on file with the City prior
to applying for a final plat that substantially conforms to the preliminary
plat.
2.
Partial platting. The final plat may, if permitted by the Common
Council, constitute only that portion of the approved preliminary
plat, which the subdivider proposes to record at the time.
B.
Submission.
1.
The application for a final plat shall be filed pursuant to Section 13.05.12C and Table 13.05.11-1.
2.
The application for a final plat shall be submitted 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 applicant and for good
cause granted by the City for a maximum of an additional three years.
C.
Review process.
1.
Application distributed.
3.
Decision.
a.
The Plan Commission shall review the final plat and shall recommend
approval, approval with conditions, or denial of the application to
the Common Council. The final plat and application, along with the
Plan Commission's recommendations, shall be transmitted to the Common
Council.
b.
The Plan Commission may hold the matter in abeyance if there
is incomplete or inadequate information.
c.
When the Plan Commission determines to approve a final plat,
the Planning Department shall 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.
d.
The Common Council shall review and approve, approve conditionally,
or deny the final plat application within 60 days after submission,
unless such time is extended by agreement with the applicant.
e.
The Common Council shall state, in writing, its findings for
approval or denial, as well as any conditions of approval.
f.
The City of Onalaska may not inscribe its approval on the final
plat prior to the certification of no objection by the Department
of Administration.
D.
Effect of final plat approval.
1.
Recordation. After the final plat has been approved
by the Common Council and required improvements either installed or
a contract and sureties insuring their installation is filed, the
City Clerk shall release the final plat for recording with the Office
of the La Crosse County Register of Deeds. Recording of the final
plat and all associated conditions of approval must be completed within
six months from the date of issuance by the City.
2.
Final copies. The applicant shall file three copies
of the final plat with the Planning Department for distribution to
the approving agencies, affected utilities and other affected agencies
for their files.
E.
Replat.
1.
Except as provided in § 70.27(1), Wis. Stats., as may be amended, when it is proposed to replat a recorded subdivision, or part thereof, so as to change the boundaries of a recorded subdivision, or part thereof, the applicant shall vacate or alter the recorded plat as provided in §§ 236.40 through 236.44, Wis. Stats., as may be amended. The applicant shall then proceed, using the procedures for preliminary and final plats specified in Sections 13.05.34 and 13.05.35 above.
A.
Applicability.
1.
Plats and minor land divisions within the extraterritorial plat approval
jurisdiction of the City of Onalaska are subject to this section pursuant
to § 236.45(3), Wis. Stats., as may be amended.
B.
Submission.
1.
The application for extraterritorial plat review shall be filed pursuant to Section 13.05.12C and Table 13.05.11-1.
C.
Review process.
1.
Application distributed.
a.
The Zoning Administrator shall review the application and plans
and refer them to applicable City staff for review.
2.
Review criteria.
a.
City Staff may review minor land divisions (Certified Survey
Maps) within 1.5 miles of the municipal boundary limits, provided
the proposed subdivision complies with the stated criteria below.
b.
The Plan Commission may recommend approval of plats subdividing
portions of land to the Common Council, provided that the proposed
subdivision complies with the following:
i.
The proposed subdivision is compatible with adjacent land uses
and maintains the general pattern of land uses in the immediate area.
ii.
The proposed subdivision, if approved, would result in a land
use and development pattern compatible with surrounding development
and land use patterns with regard to parcel size, lot frontage and
access, aesthetics, traffic generation, public safety considerations,
and impact on surrounding land use.
iii.
The proposed subdivision and resulting development
shall not adversely affect the City's ability to provide public services
and or future annexations and continuation of municipal infrastructure.
iv.
The proposed subdivision does not conflict with the City of
Onalaska Comprehensive Land Use Plan.
3.
Decision.
a.
City Staff may review minor land divisions (Certified Survey
Maps) within 1.5 miles of the municipal boundary limits and approve,
approve conditionally, or deny the application and state any findings
in writing. City Staff reserve the right to forward any minor land
divisions to the Plan Commission and Common Council for review and
consideration.
b.
The Plan Commission shall review plat applications and shall
recommend approval, approval with conditions, or denial of the application
to the Common Council. The application and recommendations shall then
be transmitted to the Common Council.
c.
The Plan Commission may hold the matter in abeyance if there
is incomplete or inadequate information.
d.
The Common Council reserves the right to reject any application
due to the subdivision submission conflicting with local Comprehensive
Planning objectives requiring intergovernmental coordination, boundary
agreements and for insufficient study of the fiscal impact of service
and infrastructure delivery impacts.
e.
The Common Council shall review and approve, approve conditionally,
or deny the application. The Common Council decision shall be final.
f.
The Common Council shall state, in writing, its findings for
approval or denial, as well as any conditions of approval.
D.
Effect of approval.
1.
Required improvements. An applicant may proceed with
the installation of improvements under such regulations as the Town
within whose limits the plat lies may require, provided approval has
been granted by all agencies or units of government required under
this section.
2.
Recordation of certified survey map. After the Certified
Survey Map has been approved and signed by the designated City staff,
the Certified Survey Map shall be recorded with the Office of the
La Crosse County Register of Deeds. Recording of the Certified Survey
Map and all associated conditions of approval must be completed within
six months from the date of issuance by the City.
3.
Recordation. After the plat has been approved by the
Common Council and required improvements either installed or a contract
and sureties insuring their installation is filed, the City Clerk
shall release the plat for recording with the Office of the La Crosse
County Register of Deeds. Recording of the plat and all associated
conditions of approval must be completed within six months from the
date of issuance by the City.
4.
Final copies. The applicant shall file three copies
of the plat or one copy of the Certified Survey Map with the Planning
Department for distribution to the approving agencies, affected utilities,
and other affected agencies for their files.
