§ 16.16.010. Procedure for submitting subdivisions.

A.

Preliminary Consultation. Before filing a preliminary plat or certified survey map, the subdivider is encouraged to consult with the plan commission and/or its consulting staff for advice regarding the general requirements affecting the proposed subdivision. A sketch plan showing in simple sketch form the lots, streets and other features of the proposed subdivision shall be submitted drawn on a topographic survey map. The subdivider shall also submit a location map showing the relationship of the proposed subdivision 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 comprehensive plan, comprehensive plan components, and duly adopted plan implementation devices of the city and to otherwise assist the subdivider in planning his development. In so doing, both the subdivider and planning agency may reach mutual conclusions regarding the general program and objectives of the proposed development and its possible effects on the neighborhood and community. The subdivider will gain a better understanding of the subsequent required procedures.

B.

Preliminary Plat Review Within the City.

1.

Before submitting a final plat for approval, the subdivider shall prepare a preliminary plat along with a letter of application and also execute a preliminary plat subdivider's agreement. The preliminary plat shall be prepared in accordance with this title, and the subdivider shall file six copies of the plat and the application letter with the city clerk at least thirty (30) days prior to the meeting of the plan commission at which action is desired. The letter of application shall contain the following information:

a.

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 Section 236-29, Wisconsin Statutes, and/or proposed deed restrictions or restrictive covenants which may impact future home owners within the proposed development.

b.

Use Statement. A statement of the proposed use of lots stating type of residential buildings with number of proposed dwelling units and/or types of business or industry so as to reveal the effect of the development on traffic, fire hazards, and congestion of population.

c.

Zoning Changes. If any zoning changes are contemplated, the proposed zoning plan for the areas, including dimensions.

d.

Area Plan. Where the subdivider owns property adjacent to that which is being proposed for the subdivision, the plan commission and/or city council may require that the subdivider submit a preliminary plat of 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.

e.

Public Improvement Plan. A statement of the proposed intent for extending sanitary sewer service and water service within the development (and to the boundary of the development if such public facilities are not currently directly adjacent to the development). This statement shall detail the existing location, size and elevation of the water and sanitary sewer pipes, of which the developer intends to connect. Additionally, the statement shall indicate the proposed intent for providing adequate storm drainage within the development. This may include a statement as to the nature and intent of controlling stormwater flows which may currently flow through the proposed development area from adjacent lands. It shall, however, contain information as to the extent of storm piping and/or drainage structures such as detention/retention basins.

f.

State Submittal Statement. A statement indicating that the subdivider has submitted the original plat to the applicable state agency as outlined in Section 236.12(6), Wisconsin Statutes.

g.

At the time of filing an application for a preliminary plat, the applicant shall execute a preliminary plat subdivider's agreement with the city, acknowledged by the plan commission and approved by the city council, agreeing to reimburse the city for all administrative, engineering and legal fees incurred in the review of the preliminary plat and shall deposit with the clerk a cashier's check or cash in the amount specified in Section 16.76.010 of this title. The clerk shall draw against such deposit for payment of all administrative costs incurred by the city in reviewing the preliminary plat. The subdivider will be billed separately for all engineering, attorney and other subcontractor charges associated with the development. If at any time prior to final approval of the preliminary plat or part thereof, the deposit shall be insufficient to reimburse the city for its expenses, the subdivider or land divider shall deposit additional security within fifteen (15) days of notice from the clerk or the preliminary plat shall be rejected.

2.

The subdivider is responsible for submitting the plat to the applicable objecting agencies as outlined in Section 236.12(6), Wisconsin Statutes, however, the city clerk shall, within two days after filing, transmit copies of the submittal package (along with the comment due date) to the city department heads, the utility commission, and the city engineer for their review and comments. The staff and utility commission comments shall be submitted to the city clerk within fifteen (15) days from the date the plat is filed, and the clerk will forward the same to the plan commission and city council for their consideration during the review process.

3.

The city clerk shall give notice of the plan commission's review and public hearing on the preliminary plat by listing it as an agenda item in the meeting notice published in the official newspaper. The notice shall include the name of the applicant, the address of the property in question, and the requested action. Property owners within three hundred (300) feet of the proposed land division shall receive written notice of the public hearing.

C.

Preliminary Plat Approval Within the City.

1.

The objecting agencies are required, within twenty (20) days of the date of receiving their copies of the preliminary plat, to notify the subdivider and all other approving and objecting agencies of any objections. If an objecting agency fails to act within twenty (20) days, it shall be deemed to have no objection to the plat.

2.

After review of the preliminary plat, the public hearing, and negotiations with the subdivider on changes and/or the kind and extent of public improvements that will be required, the plan commission shall recommend to the city council disapproval, approval or conditional approval of the preliminary plat within ninety (90) days of the filing date unless the time is extended by agreement with the subdivider. 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 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 plan commission's permanent file.

3.

Failure of the plan commission to act within ninety (90) days shall constitute an approval.

4.

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 six months of preliminary plat approval and conforms substantially to the preliminary plat layout as indicated in Section 236.11(1)(b), Wisconsin Statutes, the final plat shall be entitled to approval with respect to such layout. 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 at the time of its submission.

5.

Should the subdivider desire to amend the preliminary plat as approved, he may resubmit the amended plat, which shall follow the same procedure, except for the fee, unless the amendment is, in the opinion of the city council, of such scope as to constitute a new plat, in which case it shall be refiled.

D.

Final Plat Review Within the City.

1.

The subdivider shall prepare a final plat along with a letter of application and also execute a final plat subdivider's agreement. The city attorney may request that the owner or subdivider 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. The final plat shall be prepared in accordance with this title, and the subdivider shall file six copies of the plat and the application letter with the city clerk at least thirty (30) days prior to the meeting of the plan commission at which action is desired. Simultaneously with the filing of the final plat or map, the owner shall file with the city clerk four copies of the final plans and specifications of public improvements required by this title. The letter of application which shall accompany the final plat submittal shall contain the following information:

a.

Restrictive Covenants. The final statement 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 Section 236-29, Wisconsin Statutes, and/or final deed restrictions or restrictive covenants which may impact future home owners within the proposed development;

b.

State Submittal Statement. A statement indicating that the subdivider has submitted the original plat to the applicable state agency as outlined in Section 236.12(6), Wisconsin Statutes;

c.

Private Utility Easement Approval Documentation. The submittal shall include a letter from both the natural gas company and also the telephone company stating that each entity has reviewed a true and correct copy of the final plat and that all utility easements shown on such plat are sufficient for installation of the respective private utility. The easements for electrical facilities will be approved by the Juneau Utility Commission which is a part of the city review structure, and therefore no letter is required for the electric utility;

d.

At the time of filing an application for a final plat the applicant shall also execute a final plat subdivider's agreement with the city in a form from time to time approved by the city council, agreeing to reimburse the city for all administrative, engineering and legal fees incurred in the review of the final plat and shall deposit with the clerk a cashier's check or cash in an amount estimated to cover such costs as determined by the city council. The clerk shall draw against such deposit for payment of all administrative, engineering, legal and other costs incurred by the city in reviewing the final plat. If at any time prior to final approval of the final plat or part thereof, the deposit shall be insufficient to reimburse the city for its expenses, the subdivider or land divider shall deposit additional security within fifteen (15) days of notice from the clerk or the final plat shall be rejected.

2.

The subdivider is responsible for submitting the plat to the applicable objecting agencies as outlined in Section 236.12(6), Wisconsin Statutes, however, the city clerk shall, within two days after filing, transmit copies of the submittal package (along with the comment due date) to the city department heads, the utility commission, and the city engineer for their review and comments. The abstract of title or registered property report may be referred to the city attorney for his examination and report. The staff and utility commission comments shall be submitted to the city clerk within twenty-five (25) days from the date the plat is filed, and the clerk will forward the same to the plan commission and city council for their consideration during the review. The city clerk shall also refer the final plans and specifications of public improvements to the city engineer for review. The 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 plan commission. If the plat or map or the plans and specifications are not satisfactory, the engineer shall return them to the owner and so advise the plan commission.

3.

The commission shall examine the final plat as to its conformance with the approved preliminary plat; any conditions of approval of the preliminary plat; this title and all ordinances, rules, regulations, comprehensive plan components which may affect it. 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 Section 236.12(2), Wisconsin Statutes.

E.

Partial Platting. The final plat may, if permitted by the commission, constitute only that portion of the approved preliminary plat which the subdivider proposes to record at the time.

F.

Final Plat Approval Within the City.

1.

Within twenty (20) days of the date of receiving the copies of the plat, any agency having authority to object shall notify the subdivider and all agencies having the authority to object, of any objection based upon failure of the plat to comply with the statutes or rules that its examination is authorized to cover; or if there is no objection, it shall so certify on the face of a copy of the plat and return that copy to the department of commerce. After each agency and the department have certified that they have no objection or that their objections have been satisfied, the department shall so certify on the face of the plat. If an agency fails to act within twenty (20) days from the date of the receipt of copies of the plat and the department fails to act within thirty (30) days of receipt of the original plat, it shall be deemed that there are no objections to the plat and, upon demand, it shall be so certified on the face of the plat by the department.

2.

The owner or subdivider shall file the final plat not later than six 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 council.

3.

The plan commission shall, within fifty (50) days of the date of filing of the final plat with the city clerk, 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.

4.

The commission shall, when it determines to recommend approval of a plat, give at least ten days prior written notice of its intention to the clerk of any municipality within one thousand (1,000) feet of the plat.

5.

The city common council shall, within sixty (60) days of the date of filing the original final plat with the city clerk, 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 common council may not inscribe its approval on the final plat unless the city clerk certifies on the face of the plat that the copies were forwarded to objecting agencies as required in this chapter, the date thereof, and that no objections have been filed within twenty (20) days or, if filed, have been met.

6.

If the city common council fails to act on the final plat within sixty (60) days of its submission, and the sixty (60) day time period has not been extended by agreement and no unsatisfied objections have been filed within that period, the final plat shall be deemed approved.

7.

Recordation. After the final plat has been approved by the city common council and required improvements either installed or a contract and sureties insuring their installation is filed, the city clerk 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 thirty (30) days of the date of the last approval of the plat and within six months of the first approval.

8.

Copies. The subdivider shall file ten copies of the recorded plat with the city clerk for distribution to the city engineer, building inspector, assessor and other affected departments for their files.

G.

Plats Within the Extraterritorial Plat Approval Jurisdiction.

1.

When the land to be subdivided lies within one and one-half miles of the corporate limits of the city, the subdivider shall proceed as specified in subsections A through F of this section except:

2.

Transmittal responsibility lies with the city clerk, town clerk or county planning agency to whomever the plat is first submitted, and the subdivider shall indicate which one in his application;

3.

Approval authorities include the city common council, the town board and the county planning agency;

4.

The subdivider may proceed with improvements pursuant to regulations promulgated by approved agencies;

5.

All improvement requirements, specified by the town board or any special improvement district in matters over which they have jurisdiction shall be met before filing of the final plat.

(Ord. 71-2003; Ord. 3-1998 (part): amended during 1997 codification; prior code § 10-3-4)