Chapter 19. Subdivision and Platting
Sec. 19-61. Procedure
In planning and developing a subdivision within the city or the extraterritorial plat approval jurisdiction, the subdivider or his agent shall in every case follow the procedure outlined below:
(1) Concept Plan Conference.
(a) Before submitting a preliminary plat or map, the developer may request a Concept Plan Conference with appropriate City Staff that may include the Planning and Economic Development Department, Department of Public Works, Engineering Division, Building Services Division, Marshfield Utilities, the Marshfield Fire Department, and such other departments as determined by the Planning and Economic Development Department.
(b) To request a Concept Plan Conference, the developer shall submit an application and Concept Plan for the proposed subdivision five (5) days prior to the requested meeting date.
(2) Preliminary plat or map procedure. Before submitting a final plat or map for approval, the subdivider shall prepare a preliminary plat or map. The preliminary plat or map shall be prepared in accordance with this chapter and one (1) large 22" x 30" or larger copy along with an electronic copy in PDF format shall be submitted to the Planning and Economic Development Department least twenty-five (25) days prior to the meeting of the plan commission at which action is desired.
(a) Upon submittal of the preliminary plat, the subdivider shall be responsible for forwarding the original plat to the director in accordance with § 236.12(6)Wis. Stats.
(b) Public hearing & notification. Before taking action on a preliminary plat, the Plan Commission shall hold a public hearing following the guidelines of at least a Class I notice. Notice of the proposed plat and of the scheduled hearing shall be sent by regular mail at least ten (10) days before the date of such hearing to the owners of record of all properties located within 200 feet of the exterior boundaries of the proposed plat.
(c) When the City determines to approve a plat within the City, it shall give at least 10 days' prior written notice of its intention to the clerk of any municipality whose boundaries are within 1,000 feet of any portion of such proposed plat but failure to give such notice shall not invalidate any such plat.
(d) Staff review. Prior to the public hearing, City staff shall review the preliminary plat for conformance with the municipal code. The Development Review Team may review the preliminary plat and may include the following departments: Planning and Economic Development Department, Department of Public Works, Engineering Division, Building Services Division, Marshfield Utilities, and such other departments as determined by the Planning and Economic Development Department.
(e) The Plan Commission shall within ninety (90) days of the filing of the plat or map approve, approve conditionally or reject the plat or map, following review of the preliminary plat or map and other materials submitted, for conformity with all ordinances, administrative rules and regulations. The plan commission may negotiate with the subdivider regarding changes deemed advisable, and the kind and extent of changes which will be required. Failure of the Plan Commission to act within the 90 days, or extension thereof, constitutes an approval of the preliminary plat.
(f) The action of the Plan Commission shall be noted on two (2) copies of the preliminary plat or map; one copy will be returned to the subdivider with the date and action endorsed thereon, and if approved conditionally or rejected, the conditions or reasons therefore in writing. The second copy shall be filed with the secretary of the commission.
(g) 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 thirty-six (36) months of preliminary plat approval and conforms substantially to the preliminary plat layout as indicated in § 236.11(1)(b) Wis. Stats. the final plat shall be entitled to approval with respect to such layout.
(3) Final plat or map procedure.
(a) The final plat or map, a written application for approval and such copies thereof as shall be required, shall be submitted to the Planning and Economic Development Department within thirty-six (36) months of approval of the preliminary plat or map and at least two (2) weeks prior to the meeting of the Plan Commission at which action is desired. However, if approval of the plat or map must be obtained from another approving authority subsequent to approval by the Plan Commission, the final plat or map shall be submitted within thirty-six (36) months of such approval. The Plan Commission may grant an extension within the thirty-six (36) month time period in either case.
(b) The Planning and Economic Development Department shall forward the final plat or map to the Plan Commission for its recommendation. The Plan Commission shall refer the final plat or map to the council within six (6) weeks of its submission. The Council shall approve or reject the final plat within sixty (60) days of its submission to the Planning and Economic Development Department unless extended by agreement with the subdivider. When the City determines to approve a plat, it shall give at least ten (10) days' prior written notice of its intention to the clerk of any municipality whose boundaries are within 1,000 feet of any portion of such proposed plat but failure to give such notice shall not invalidate any such plat.
(c) If the preliminary plat has not been submitted, the subdivider shall be responsible for forwarding the original plat to the director in accordance with § 236.12(6)Wis. Stats. The Council shall not act on a plat after referral by the Plan Commission until the plat has been approved by the director. The Council shall approve or reject the plat within sixty (60) days of submission of the plat, unless the time is extended by agreement with the subdivider. Reasons for rejection shall be stated in the minutes of the Council meeting and a copy forwarded to the subdivider. The final plat may, if permitted by the Plan Commission, constitute only that portion of the approved preliminary plat which the subdivider proposes to record at the time of submittal, except that a final plat that is only a portion of an approved preliminary plat may be submitted without the permission of the approving authority and is entitled to approval if the preliminary plat identifies phases of the development and the portion of the final plat being submitted substantially conforms to the preliminary plat or portion of the preliminary plat as approved. If the City fails to act within sixty (60) days and the time has not been extended by agreement and if no unsatisfied objections have been filed within that period, that plat shall be deemed approved.
(d) Two (2) 22" x 30" true copies and a digital copy of the approved final plat or map in MicroStation format or equal in Wisconsin's Wood County Coordinate System shall be filed with the City Clerk. Such copies shall contain any changes or modifications as a result of action of the Plan Commission or director. (Digital version shall be submitted in Wisconsin's Wood County Coordinate System and in a format that can be precisely converted to MicroStation DGN format. This digital version shall be supplied to the City Engineer.)
(e) The City Engineer shall determine if a final plat "substantially conforms" to the preliminary plat. This determination shall be given to the Common Council along with a recommendation for approval/denial of the final plat. The conclusion and recommendation are not required to be in writing, but shall be made part of the public record at the proceeding which the final plat is being considered.
(f) The council shall approve the final plat or map if all of the applicable provisions of this chapter and ch. 236 Wis. Stats. are complied with.
(4) Alternate procedure for certain minor subdivisions. Where a proposed division of land does not require any of the improvements listed in section 19-63 of this chapter but does comply with all of the other applicable provisions of this chapter, the subdivider may substitute the following procedure for the provisions of subsections (1) and (2) of this section:
(a) The subdivider shall submit a map of the proposed minor subdivision to the City Engineer for approval.
(b) If the City Engineer determines that the proposed subdivision does not require any of the improvements listed in section 19-63 of this chapter and complies with the other provisions of this chapter, he shall issue his written approval on the map prior to recording in the office of the register of deeds.
(5) Basis for approval.
(a) Approval of the preliminary or final plat shall be conditioned upon compliance with:
1. The provisions of this chapter;
2. Chapters 18, 20, 26, and 30 of the City of Marshfield Municipal Code;
3. The Comprehensive Plan under s. 66.1001 Wis. Stats.;
4. The rules of the Department of Commerce relating to lot size and lot elevation necessary for proper sanitary conditions in a subdivision not served by public sewer, where provisions for public sewer service has not been made;
5. The rules of the Department of Transportation relating to the provisions for the safety of entrance upon and departure from the abutting state trunk highways of connecting highways and for the preservation of the public interest and investment in such highways.
(b) The City shall not condition approval upon compliance with, or base an objection upon, any requirements other than those in this chapter. Not withstanding sub. (a)(2) the City and a subdivider may agree to waive or vary requirements under an ordinance specified in sub. (a)(2). Any such agreement shall be entered into freely and voluntarily. The City and subdivider may also agree as to the application of the ordinances enacted by the City after the subdivider has submitted a preliminary plat, or final plat if no preliminary plat is submitted.
(Code 1982, § 18.04; Ord. No. 1084, § 1, 10-10-2006; Ord. No. 1190, § 2, 12-14-2010)
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