This chapter is created pursuant to § 236.45, Wis. Stats,
to promote the public health, safety, convenience and general welfare. The
regulations are designed to lessen congestion in the streets; to foster the
orderly layout and use of land; to ensure safety from fire, panic and other
dangers; to provide optimum light and air; to discourage overcrowding of the
land; to lessen concentration of population; to facilitate adequate provision
for transportation, public water and sewerage, schools, parks, playgrounds
and other public necessities; and to facilitate the further division of large
tracts of land into smaller parcels. The regulations are made with reasonable
consideration, but not limited to, the present character of the City and its
environs, with the objectives of conserving the value of the land and improvements
placed thereon, providing the most appropriate environment for human habitation,
encouraging commerce and industry and providing for the most appropriate use
of land in the City.
As used in this chapter, certain words and phrases shall be defined
as follows:
BUTT LOT
A lot the rear line of which abuts the side lot line of another lot
or lots in the same block but not separated by an open space.
CERTIFIED SURVEY MAP
A map intending to create not more than four parcels of land as provided
in § 236.34, Wis. Stats. Certified survey maps shall, in addition
to the provisions of § 236.34, Wis. Stats., bear a certificate of
approval of the Council, certified by the City Clerk.
DIVISION OF LAND
Any splitting up of a recorded tract of land, except as provided in §
402-3D of this chapter. Any such division shall not be considered effective until such subdivision or certified survey map is actually recorded with the Milwaukee County Register of Deeds.
FINAL PLAT
A map of subdivision with all necessary text, certificates and affidavits
to qualify it for recording in the office of the Register of Deeds.
LOT WIDTH
The width of a lot measured at the setback line.
OWNER
Includes the plural as well as the singular and may mean either a
natural person, firm, association, partnership, private corporation, public
or quasi-public corporation or combination of these.
PLANNING COMMISSION
The City Planning Commission established in conformity with § 62.23,
Wis. Stats.
STREET
A public thoroughfare providing primary access to abutting property.
B.
COLLECTOR STREETOne which carries traffic from minor streets to the system of major streets, including the principal entrance streets of a residential development, and provides for circulation within such development.
C.
MINOR STREETOne which is used primarily for access to abutting properties.
D.
MARGINAL ACCESS STREETOne which is parallel and adjacent to major streets and which provides access to abutting properties and protection from traffic on the major street.
E.
ALLEYA public thoroughfare which provides secondary access to abutting properties.
F.
PEDESTRIAN PATHWAYA public thoroughfare, usually running at right angles to streets, which is intended for the convenience of pedestrians only; it may also provide public right-of-way for utilities.
G.
EASEMENTThe area of land set aside or over or through which a liberty, privilege or advantage in land, distinct from ownership of the land, is granted to the public or some particular person or part of the public.
TENTATIVE APPROVAL
An approval with or without recommended alterations given to the
preliminary plat by the Planning Commission. It shall constitute the necessary
authority to proceed with the preparation and presentation of the final plat
or certified survey map for the consideration of the Council.
Any owner of land or his agent who wishes to divide such land shall comply with the general principles of design and minimum layout requirements as set forth in §
402-7, and the procedure shall be as follows:
A. Preapplication conference. The owner of the land or his
agent, which is located with the corporate limits of the City, shall first
submit to the Planning Commission or its representative such information as
may be required by the Planning Commission to describe or outline the existing
conditions of the site and the proposed development thereof.
B. Preliminary plat or certified survey map.
(1) To be filed. Before submitting the final plat (or certified survey map) for approval, the subdivider shall prepare a preliminary plat or map which shall conform to the provisions set forth in §§
402-7 and
402-8 of this chapter and shall file with the City Clerk an application in writing for the tentative approval of the plat or map, accompanied by such copies as required by the City Clerk to comply with Ch. 236, Wis. Stats.
(2) Conformity. The preliminary plat or map shall be checked
and reviewed as to its conformity with the Official Map and the principal
standards and requirements set forth in this chapter, and copies of plats
shall be referred for review and recommendations to the Department of Administration
as required by § 236.12, Wis. Stats.
(3) Approval or rejection by Planning Commission. After review
of the preliminary plat or map and conferences with the owner on any changes
deemed advisable and the kind and extent of public improvements which shall
be required, the Planning Commission shall, within 60 days of submission,
approve, conditionally approve or reject the plat or map. If the Planning
Commission rejects the plat or map, it shall return it to the owner. If it
approves or conditionally approves the plat or map, it shall notify the Council.
(4) Council approval. If the Planning Commission approves
the preliminary plat, the Council shall, within 90 days of the date the plat
was filed with the City Clerk, 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 by the subdivider. Failure of the
Council to act within 90 days or extension thereof shall constitute approval
of the preliminary plat. The Clerk shall communicate to the owner the action
of the Council. If the plat or map is approved, the Clerk shall endorse it
for the Council.
(5) Upon filing the preliminary plat or map with the City,
the owner shall pay a fee as provided by the current fee schedule on file
with the City Clerk.
[Amended 12-7-2004 by Ord. No. 1179; 1-18-2005
by Ord. No. 1180]
(6) Such preliminary map shall not be construed as a submission
under § 236.34(1)(f), Wis. Stats. A letter of preliminary approval
must be obtained from the City Engineer prior to formal submission.
C. Public improvements, plans and specifications. The owner shall file with the City Clerk four complete sets of preliminary plans and specifications for the construction of any public improvements required by §
402-8 at the same time the preliminary plat or map is filed.
D. Final plat or certified survey map.
(1) The owner shall file with the City Clerk four copies of the final plans and specifications for public improvements required under §
402-8 at the same time the final plat is filed. If the plat has not been certified by the state agencies under § 236.12(6), Wis. Stats., then copies as required by § 236.12(2), Wis. Stats., shall also be provided.
(2) The City Clerk shall forward the plat or map and plans
and specifications of public improvements to the Planning Commission. He shall
forward copies of the plat to the Supervisor of Plat Review in the Department
of Administration as provided by § 236.12(2), Wis. Stats.
(3) The Planning Commission shall refer the final plat or
map and final plans and specifications for public improvements to the City
Engineer for review.
(4) The City Engineer shall examine the plat or map and final
plans and specifications of public improvements for technical details and
if he finds them satisfactory shall so certify in writing to the Planning
Commission.
(5) If the plat or map and the plans and specifications are
not satisfactory, the City Engineer shall return them to the owner and so
advise the Planning Commission.
(6) If the plat or map and the plans and specifications of
public improvements are satisfactory to the Planning Commission, it shall
so certify in writing to the Council; if they are not satisfactory to the
Commission, they shall be rejected in writing and returned to the owner.
(7) When the Council receives the approved plat or map and
plans and specifications from the Planning Commission, it shall signify its
action by motion or resolution; if rejected, the Clerk shall so notify the
owner in writing; if approved, the Clerk shall endorse the plat or map as
required by Ch. 236, Wis. Stats, and return it to the owner for recording.
(8) The approval of the final plat or map by the Council
shall constitute acceptance of the dedication of any public street, open space
or other public areas shown thereon.
(9) The City Clerk shall refuse to accept any such final
plat or certified survey map unless there is a letter of preliminary approval
from the City Engineer and there is submitted a fee as provided by the current
fee schedule on file with the City Clerk.
(10) If the final plat conforms substantially to the layout
shown in the preliminary plat as approved, including any conditions of such
approval, it shall be approved by the Council. If the final plat is not submitted
within 24 months of the last required approval of the preliminary plat, any
approving authority may refuse to approve the final plat. If
recommended by the Planning Commission and if permitted by the Council, the
final plat may constitute only that portion of the approved preliminary plat
which the subdivider proposes to record at that time.
Upon notification by the City Clerk that the preliminary plat or certified survey map has been approved by the Council, the required public improvements shall be constructed and installed by the City or by contracts let by the City with contractors. The owner, prior to the letting of any contracts, shall post with the City cash, negotiable securities or a surety bond running to the City, in value sufficient to cover the full estimated cost as certified by the City Engineer, to assure the satisfactory installation of such improvements as outlined in §
402-8 of this chapter and contained in the plans and specifications. The surety bond shall be approved by the Mayor and Council.
In exceptional cases, where topography or other physical conditions
would cause unnecessary hardship to the owner and not provide the City substantial
benefit, the Planning Commission may recommend to the Council special provisions
to relieve such hardship. Any exception needed shall be requested in writing
by the owner; if recommended by the Planning Commission, it shall be so endorsed
by the Secretary and transmitted to the Council. The Council, if it approves,
shall do so by motion or resolution and instruct the City Clerk to notify
the Planning Commission and the owner.
Any person who shall violate any provision of this chapter or any order, rule or regulation made hereunder shall be subject to a penalty as provided in §
1-4 of this Code.