Prior to the filing of an application for the
approval of a preliminary plat or certified survey map, it is recommended
that the subdivider consult with the Plan Commission or the Director
of Public Works in order to obtain its or his advice and assistance.
This consultation is intended to inform the subdivider of the purpose
and objectives of these regulations, other provisions of this Code,
and duly adopted City plans, sewer and water availability, and other
engineering considerations and to otherwise assist the subdivider
in planning his development. In so doing, both the subdivider and
the Plan Commission may reach mutual conclusions regarding the general
objectives of the proposed development and its possible effects on
the neighborhood and the community. The subdivider will also gain
a better understanding of the subsequent required procedures.
A.
Submission of plats. Before submitting a final plat
for approval, the subdivider shall prepare a preliminary plat and
a letter of application. The preliminary plat shall be prepared in
accordance with this chapter and the subdivider shall comply with
the procedures of §§ 236.11 and 236.12, Wis. Stats.,
and shall file an adequate number of copies of the plat and the application
with the Clerk-Treasurer. The Clerk-Treasurer shall transmit copies,
as appropriate, to agencies specified in § 236.12, Wis.
Stats., the Council members and the Plan Commission.
B.
Review of plats. The Plan Commission shall transmit
a copy of the preliminary plat to all affected boards, commissions
or departments and, unless the subdivider has elected to submit directly
to the state as provided in § 236.12(6), Wis. Stats., to
all affected local utility companies for their review and recommendations
concerning matters within their jurisdiction. Their recommendations
shall be transmitted to the Council within 20 days from the date the
plat is filed. The preliminary plat shall then be reviewed by the
Plan Commission for conformance with this chapter and all ordinances,
rules, regulations, the Comprehensive Plan and Comprehensive Plan
components which affect it, and the Plan Commission shall submit its
recommendations to the Council within 60 days.
[Amended 3-15-2007 by Ord. No. 2007-05]
The objecting agencies shall, within 20 days
of the date of receiving their copies of the preliminary plat, notify
the subdivider and all other approving and objecting agencies of any
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 Clerk-Treasurer.
If an objecting agency fails to act within 20 days, it shall be deemed
to have no objection to the plat. In addition:
A.
The Council shall, within 90 days of the date of the
filing of a preliminary plat with the Clerk-Treasurer, approve, approve
conditionally or reject such plat unless an extension of the review
period is mutually agreed upon in writing. One copy of the plat shall
thereupon be returned to the subdivider with the date and action endorsed
thereon, and, if approved conditionally or rejected, a letter of transmittal
and a copy of the Council minutes setting forth the conditions of
approval or the reasons for rejection shall accompany the plat. One
copy each of the plat and letter shall be placed in the Clerk-Treasurer's
permanent file.
B.
Failure of the Council to act within 90 days shall
constitute an approval of the plat as filed unless the review period
is extended by mutual agreement.
C.
Approval or conditional approval of a preliminary
plat shall not constitute automatic approval of the final plat, except
that if the final plat is submitted within 24 months of preliminary
plat approval and conforms substantially to the preliminary plat as
indicated in § 236.11(1)(b), Wis. Stats., the final plat
shall be entitled to approval.
[Amended 3-15-2007 by Ord. No. 2007-05]
The subdivider shall submit a final plat and
a letter of application in accordance with this chapter and §§ 236.11
and 236.12, Wis. Stats., and shall file an adequate number of copies
of the plat and the application with the Clerk-Treasurer. In addition:
A.
The Clerk-Treasurer shall transmit copies, as appropriate,
to agencies specified in § 236.12, Wis. Stats., and shall
transmit the original final plat and 14 copies to the Council and
18 copies to the Plan Commission. A copy shall also be submitted to
each public utility affected.
B.
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 ordinances,
rules, regulations, the Comprehensive Plan and Comprehensive Plan
components which may affect it and shall recommend approval, conditional
approval or rejection of the plat to the Council.
[Amended 3-15-2007 by Ord. No. 2007-05]
C.
The final plat may, if permitted by the Council, constitute
only that portion of the approved preliminary plat which the subdivider
proposes to record at that time.
The objecting 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.
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 Plan Commission,
which shall forward the copy to the Council. If an objecting agency
fails to act within 20 days, it shall be deemed to have no objection
to the plat.
A.
Submission. If the final plat is not submitted within
24 months of the last required approval of the preliminary plat, the
Council may reject the final plat, in writing, with reasons given.
[Amended 3-15-2007 by Ord. No. 2007-05]
B.
Plan Commission recommendation. The Plan Commission
shall, within 30 days of the date of filing of the final plat with
the Clerk-Treasurer, recommend approval or rejection of the plat and
shall transmit the final plat and application, along with its recommendations,
to the Council.
C.
Notification. The Plan Commission shall, at the time
it recommends approval or rejection of a plat to the Council and at
least 10 days prior to any action of the Council, give notice of its
recommendation to the clerk of any municipality within 1,000 feet
of the plat.
D.
Council approval or rejection. The Council shall,
within 60 days of the date of filing the original final plat with
the 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 copy
of the minutes, together with a letter of transmittal, shall be forwarded
to the subdivider. The Council may not approve the final plat unless
the 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.
E.
Timely Council action required. Failure of the Council
to take action on the plat within 60 days, the time having not been
extended and no unsatisfied objections having been filed, the plat
shall be deemed approved.
F.
[1]Recordation. After the final plat has been approved by
the Council and required improvements either are installed or a contract
and sureties insuring their installation is filed, the Clerk-Treasurer
shall cause the certificate inscribed upon the plat attesting to such
approval to be duly executed and shall further cause the plat to be
recorded within six months of its approval by the Council. The subdivider
shall be responsible for the recording fee.
[Amended 3-15-2007 by Ord. No. 2007-05]
G.
Plat copies. The subdivider shall file 10 certified
copies of the final plat with the Clerk-Treasurer for distribution
to appropriate local agencies and offices.
When the land to be subdivided lies within 1 1/2 miles of the corporate limits of the City subject to the limitations of § 66.0105, Wis. Stats., the subdivider shall proceed as specified in §§ 380-13 through 380-15 above, except:
A.
Transmittal responsibility lies with the clerk of
the town or municipality to whom the plat is first submitted, and
the subdivider shall indicate which one in his application.
B.
Approval agencies shall be as specified in § 236.10,
Wis. Stats., and the subdivider must comply with the land subdivision
ordinances of the town in which the plat lies.
C.
The subdivider may proceed with the installation of
such improvements and under such regulations of the town board of
the town within whose limits the plat lies. Whenever connection to
any utility of the City is desired, permission for such connection
shall be obtained from the Council. City policy does not permit serving
any individual outside its City limits.
D.
All improvement requirements specified by the town
in which the plat is located or any special improvement district shall
be met before filing of the final plat.
When it is proposed to replat 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 as specified in §§ 380-13 through 380-15 above. Court vacations of plats are required when areas dedicated to the public are altered. The Clerk-Treasurer shall schedule, within the time period specified in § 380-15 above for the Council to take action upon the plat, a public hearing before the Plan Commission when a preliminary plat or a replat of lands within the City is filed and shall cause notices of the proposed replat and public hearing to be mailed 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 exterior boundaries of the proposed replat.
[Amended by Ord. No. 98-2]
A.
When it is proposed to divide land into not more than
four parcels or building sites, any one of which is less than five
acres in size, or when it is proposed to divide a block, lot or outlot
into not more than four parcels or building sites within a recorded
subdivision plat without changing the boundaries of said block, lot
or outlot, the subdivider shall subdivide by use of a certified survey
map. The subdivider shall prepare the certified survey map in accordance
with this chapter and shall file 10 copies of the map and the letter
of application with the Clerk-Treasurer at least 15 days prior to
the meeting of the Plan Commission at which action is desired.
B.
The Clerk-Treasurer shall, within two working days
after filing, transmit the copies of the map and letter of application
to Council members and the Plan Commission.
C.
The Plan Commission shall transmit a copy of the map
to all affected boards, commissions and departments and all affected
public utility companies for their review and recommendations concerning
matters within their jurisdiction. Their recommendations shall be
transmitted to the Plan Commission within 10 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,
the Comprehensive Plan and Comprehensive Plan components which affect
it. The Plan Commission shall, within 60 days from the date of filing
of the map, recommend approval, conditional approval or rejection
of the map and shall transmit the map along with its recommendations
to the Council.
[Amended 3-15-2007 by Ord. No. 2007-05]
D.
The Council shall approve, approve conditionally or
reject such 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 supplied the subdivider. If the map
is approved, the Council shall cause the Clerk-Treasurer to so certify
on the face of the original map and return the map to the subdivider.
If the map is conditionally approved or if a preliminary certified
survey map containing zero lot lines has been approved by Council
action, the Clerk-Treasurer may, when presented with a final map,
certify in writing that the conditions placed on the map have been
met and provide final certification on the face of the original map
without additional Council action.
[Amended 5-4-2006 by Ord. No. 2006-07; 3-15-2007 by Ord. No.
2007-05]
E.
The Clerk-Treasurer shall record the map with the
County Register of Deeds within 10 days of its approval. The subdivider
shall be responsible for the recording fee.
F.
The subdivider shall file 10 certified copies of the
certified survey map with the Clerk-Treasurer for distribution to
appropriate local agencies and offices.
[Added 3-15-2007 by Ord. No. 2007-04]
A.
Purpose. The findings of the Common Council of the City and the purpose of this § 380-20.1 are as follows:
(1)
The Common Council finds that certain issues arise in condominium developments that require limited applicability of this Chapter 380 to condominium developments pursuant to § 703.27(1), Wis. Stats. The State Legislature has recognized that subdivision ordinances may apply to condominiums, but that subdivision ordinances shall not impose burdens upon condominiums that are different from those imposed on other property of a similar character not subject to a declaration of condominium.
(2)
The factor that makes this chapter applicable
to a condominium development is the creation of multiple, distinct
property entities at or near the ground surface, subject to property
taxation as separate parcels, with each property entity having different
ownership and management. The Common Council determines that this
factor makes a condominium development dissimilar, both physically
and in ownership, from developments in which the land and improvements
are under unitary ownership, management and control.
(3)
Thus, the Common Council finds that new condominium
developments can place impacts on community resources in the same
manner as other new developments which are characterized by division
of land into lots. These impacts include:
B.
Procedure. A plat for a condominium development shall be submitted to the City in accordance with the procedures contained in Chapter 380 as are applicable to a preliminary plat.
C.
Application of chapter provisions to condominium developments. The following sections of this Chapter 380 shall apply to condominium developments:
(2)
Sections 380-13 through 380-17 and § 380-21 relating to preliminary plat approval. This stage of approval shall be the only approval required for a condominium development. The technical requirements for preliminary plats set forth in the aforesaid section shall not apply since condominiums have separate technical standards set forth in ch. 703, Wis. Stats.
D.
Additional requirements applicable to condominium developments. Notwithstanding any provision to the contrary contained herein, any condominium development occurring within the City shall include the following provisions within the applicable condominium documents, in addition to any specified in § 380-20.1C above, to wit:
(1)
Condominium developments consisting of even-numbered
units, but not exceeding 12 in number and each having equal voting
power, must include a mechanism for the final resolution of disputes
and conflicts between unit owners concerning the upkeep, repair, maintenance
and replacement of common elements.
(2)
Condominium declarations shall include a voluntary
termination provision that requires Common Council consent prior to
termination.
