Chapter 16.12
PRELIMINARY PLATS, FINAL PLATS, PRELIMINARY CONCEPT MAPS, AND CERTIFIED SURVEY MAPS
Sections:
16.12.010 Pre-application conference.
16.12.015 Plat and certified survey approval process.
16.12.040 Land reconfigurations by certified survey maps.
16.12.045 Certified survey map.
16.12.050 Title abstract required.
16.12.060 Penalty for violation of this chapter.
16.12.010 Pre-application conference.
A. Prior to filing an application for a preliminary plat or a preliminary concept map, the subdivider shall request a pre-application conference and meet with the Department of Community Development and City Engineer to discuss the proposed subdivision. The purpose of the meeting is for City staff to provide an informal evaluation of the subdivider’s proposal and familiarize the subdivider with the applicable provisions of the subdivision and zoning code, the comprehensive plan, infrastructure requirements, traffic analysis, and any other issues that may affect the proposal. Along with the request for the pre-application conference, the subdivider shall provide the City staff with the location map set forth in subsection (A)(1) of this section and should be prepared to discuss the items set forth in subsection (A)(2) of this section. Such informal evaluation is not binding upon the applicant or the City, but serves as a guide to the subdivider in making the application and advising the subdivider in advance of the formal application of the issues that may be presented to the Plan Commission or Common Council. If an application is not filed within six months of the pre-application conference, the subdivider shall schedule another pre-application conference prior to filing the application.
1. A location map showing the relationship of the proposed subdivision to existing community facilities which serve or influence it. These shall include development names and locations; major streets; public transportation lines; shopping centers; public and private k-12 schools; parks and playgrounds; drainageways; environmental corridors as shown in the adopted City park and open space plan and wetlands and floodplains within the environmental corridors; principal places of employment; other community features such as railroad stations, airports, hospitals and churches; and other map features, including title, scale, north arrow, and date.
2. Information including data on existing covenants, land characteristics and available community facilities and utilities, and information describing the subdivision proposal such as number of lots, typical lot width and depth, business areas, playgrounds, park area and other public areas, landscaping, proposed protective covenants, and proposed utilities and street improvements. (Ord. 2805-22 § 3, 2022; Ord. 2021-111604 § 1, 2021)
16.12.015 Plat and certified survey approval process.
A. Preliminary Submissions.
1. The City Engineer and Director of Community Development shall check all submissions for conformity with Sections 236.13, 236.34 and 236.45, Wisconsin Statutes, the official map, and the standards and requirements set forth in this code.
2. After review of the preliminary submissions, the Director of Community Development shall advise the Plan Commission as to what public improvements should be required, if any, and whether the preliminary submission should be approved, approved conditionally, or rejected and the reasons therefor. The Plan Commission shall make a recommendation to the Common Council. Within 90 days of preliminary submission, or a longer period of time upon written agreement with the subdivider, and taking into account the Plan Commission’s recommendation, the Common Council shall establish the improvements needed for the subdivision and approve, approve conditionally, or reject the preliminary submission. The Director of Community Development shall notify the subdivider, in writing, of any conditions of approval or the reasons for rejection.
B. Final Submissions.
1. The City Engineer and Director of Community Development shall check final submissions as to their conformity with Section 236.13, Wisconsin Statutes, conformity with preliminary submissions, and any conditions of approval.
2. After review of the final submission, the Director of Community Development shall advise the Plan Commission as to whether the final submission should be accepted or rejected based on its conformity with the preliminary submission and any conditions. The Plan Commission shall make a recommendation to the Common Council. Within 60 days of final submission, or a longer period of time upon written agreement with the subdivider, the Common Council shall approve the final submission if in conformity with the preliminary submissions or conditions or reject the final plat if it is not in compliance. If the final plat is rejected, the Director of Community Development shall notify the subdivider of the reasons therefor in writing.
C. Standards.
1. All land reconfigurations shall adhere to the official map and the standards and requirements set forth in this code; and
2. The land reconfiguration does not result in the deterioration of any natural environment such as a wetland or floodplain per an expert opinion procured and paid for by the subdivider if a wetland or floodplain exists on the parcel or is adjacent; and
3. If the land reconfiguration lies within a platted subdivision, the following also apply:
a. The land reconfiguration should be in relationship to the average size and width of existing lots in the subdivision. If the average size and width of the lots contained within the subdivision exceed current minimum dimensions required in the subdivision and zoning codes, this subsection supersedes those provisions; and
b. The land reconfiguration does not create a material and detrimental departure from the prevailing lot configuration of the subdivision; and
c. The land reconfiguration does not unfavorably impact the public utilities in the subdivision or create drainage problems. (Ord. 2805-22 § 3, 2022)
16.12.020 Preliminary plat.
A. Before submitting a final plat for approval, the subdivider must receive preliminary plat approval. To obtain preliminary plat approval, the subdivider must file a written application on the City’s form with the Director of Community Development, along with a preliminary plat; public improvement construction plans in accordance with Chapter 16.20; the application fee set forth in Section 3.28.010(FF); the development agreement application fee if a development agreement is applicable as set forth in Chapter 15.32; a completed checklist on City Form P-1, which contains all the requirements necessary for the preliminary plat submittal; a title abstract in compliance with Section 16.12.050; a wetland delineation report, if wetlands are shown on the property in the Wisconsin Wetland Inventory maps; and a variance request from the provisions of Chapter 16.16, if applicable. An application is not complete and the statutory time frame for review does not start until all items have been submitted.
B. The preliminary plat shall be drawn and designed in accordance with the City’s standards contained in the City’s Public Infrastructure and Development Handbook and this title and shall legibly and accurately describe and depict the following:
1. Date, scale and north point;
2. The proposed subdivision name, which shall not duplicate the name of any plat previously recorded in Waukesha County;
3. The name, address, phone number and email address for the property owner, the subdivider, and the engineer or surveyor preparing the plat;
4. Location of the subdivision by government lot, 1/4-1/4 section, section, township, range, and county;
5. A small scale drawing of the section or government subdivision of the section in which the subdivision lies, with the location of the subdivision indicated thereon;
6. The exact length and bearing of the exterior boundaries of the subdivision;
7. Location and names of adjacent subdivisions and the owners of adjoining parcels of unsubdivided land;
8. The parcel’s zoning, or proposed zoning if change is requested, and the zoning for parcels adjacent to the subdivision, including the offset and setback lines for the lots. This information shall be included in a table format as well;
9. Any of the following that are within 300 feet of the proposed subdivision or on abutting property owned and controlled by the subdivider: location, widths, and names of existing and platted streets, alleys, or other public ways and easements; railroad and utility rights-of-way; parks and playgrounds; cemeteries; watercourses; drainageways; environmental corridors including wetland and floodland locations; permanent buildings; and bridges;
10. The water elevations of adjoining lakes or streams at the date of the survey and the approximate high and low water elevations of such lakes or streams. All elevations shall be referred to NAVD 88 (2011) datum, and must be notated per the methods in Section 236.025, Wisconsin Statutes;
11. If the subdivision borders a lake or stream, the distance and bearing of a meander line established not less than 20 feet back from the ordinary high water mark of the lake or stream;
12. Layout, width, and approximate grades of any new streets and rights-of-way such as alleys, highways, easements for sewers, water mains, and other public utilities;
13. Direction and distance to nearest water and sewer mains;
14. Approximate dimensions of and areas of lots;
15. Proposed building lines;
16. Approximate radii of all curves and length of tangents;
17. Approximate location and area of property proposed to be dedicated for public use or reserved by deed covenant for use of all property owners in the subdivision with the conditions, if any, of such dedication or reservation;
18. Contours at vertical intervals of not more than two feet, with reference to NAVD 88 (2011) datum, or at more frequent intervals if required by the Plan Commission for land of unusual topography.
C. Repealed by Ord. 2805-22.
D. After review of the preliminary plat, the Director of Community Development shall advise the Plan Commission and Common Council about what public improvements should be required and whether the preliminary plat should be approved, rejected, or approved conditionally and the reasons therefor. The Plan Commission shall make a recommendation to the Common Council. Within 90 days of submission, unless the time is extended in writing by the subdivider, and taking into account the Plan Commission’s recommendation, the Common Council shall establish the public improvements needed for the subdivision and approve, approve conditionally, or reject the preliminary plat. The Director of Community Development shall notify the subdivider, in writing, of any conditions of approval or the reasons for rejection. (Ord. 2866-24 § 3, 2024; Ord. 2805-22 §§ 5—7, 2022; Ord. 2021-111604 § 1, 2021)
16.12.030 Final plat.
A. To obtain final plat approval, a subdivider shall submit a written application for final plat review; a final plat; the application fee set forth in Section 3.28.010(II); a completed checklist on City Form No. P-2, which contains all the requirements necessary for the final plat submittal; public improvement as-built plans, lien waivers and dedication agreement or security for construction or alteration of public improvements and the development agreement fee (if any), no later than 36 months after approval of the preliminary plat, unless the Common Council approves an extension of time to the Director of Community Development upon either of the following occurrences:
1. Completion of all public improvements required as part of the preliminary plat, submission of lien waivers for all of the construction work to the public improvements, the dedication agreement, and the payment of all fees required by this code; or
2. The posting of a security for the construction and/or alteration of public improvements within a reasonable time as set forth in Section 16.20.010.
B. The final plat shall be in recordable format as prescribed by the Waukesha County Register of Deeds, drawn and designed in accordance with the City’s design standards as contained in the City’s Public Infrastructure and Development Handbook and this title, shall legibly and accurately describe and depict the information required in Section 236.20, Wisconsin Statutes, and shall be accompanied by the certificates required in Section 236.21, Wisconsin Statutes.
C. Repealed by Ord. 2805-22.
D. After review of the final plat, the Director of Community Development shall advise the Plan Commission whether the final plat should be approved, approved conditionally, or rejected based on its conformance with the preliminary plat. The Plan Commission shall make a recommendation to the Common Council. Within 60 days of submission or a longer period of time upon written agreement with the subdivider, the Common Council shall approve the final plat if it is in conformity with the preliminary plat, approve conditionally, or reject the final plat if it is not in compliance. If the final plat is rejected, the Director of Community Development shall notify the subdivider of the reasons therefor in writing. (Ord. 2866-24 § 12, 2024; Ord. 2805-22 §§ 8—10, 2022; Ord. 2021-111604 § 1, 2021)
16.12.040 Land reconfigurations by certified survey maps.
A. Required.
1. Any land reconfiguration other than a subdivision or that which is exempt under Section 236.45(2)(am), Wisconsin Statutes, must be done through a certified survey map.
2. If the reconfiguration results in a residual parcel in excess of three acres not intended for immediate sale or other conveyance, the residual parcel must be shown on the map. The Director of Community Development may waive this requirement in which case a supplementary survey and map conforming to the minimum standards for property surveys in Chapter A-E7 of the Wisconsin Administrative Code shall be attached showing the relationship of the residual parcel to the parcels being subdivided.
3. Since the composition, size, width, and layout of previously platted residential lots were created due to factors such as the need for adequate acreage for the operation of on-site sanitary sewage systems, character of the subdivision sought by the original subdivider, areas of existing topography, natural vegetation, and other similar conditions or needs, in addition to subsections (B)(1) through (3) of this section, to maintain the integrity, composition, and character of the surrounding subdivision; to avoid intensifying the use of public utilities; to preserve existing topography and natural vegetation; and to maintain appropriate drainage; a subdivider may only reconfigure previously platted residential lots in compliance with the standards set forth in this title.
B. Standards.
1. All land reconfigurations shall adhere to the official map and the standards and requirements set forth in this code; and
2. The land reconfiguration does not result in the deterioration of any natural environment such as a wetland or floodplain per an expert opinion procured and paid for by the subdivider if a wetland or floodplain exists on the parcel or is adjacent; and
3. If the land reconfiguration lies within a subdivision the following also apply:
a. The land reconfiguration should be in relationship to the average size and width of existing lots in the subdivision. If the average size and width of the lots contained within the subdivision exceed current minimum dimensions required in the subdivision and zoning codes, this subsection supersedes those provisions; and
b. The land reconfiguration does not create a material and detrimental departure from the prevailing lot configuration of the subdivision; and
c. The land reconfiguration does not unfavorably impact the public utilities in the subdivision or create drainage problems.
C. Preliminary Concept Map. Prior to filing an application for a certified survey map, the subdivider shall file an application for a preliminary concept map review, along with the application fee set forth in Section 3.28.010(GG); a completed checklist on City Form No. LR-1 of all the requirements necessary for the submittal; public improvement construction plans in accordance with Chapter 16.20, if applicable; the development agreement application fee if a development agreement is applicable as set forth in Chapter 15.32; a title abstract in compliance with Section 16.12.050; a wetland delineation report, if wetlands are shown on the property in the Wisconsin Wetland Inventory maps; and a preliminary concept map containing the information set forth in subsection (C)(1) of this section.
1. A preliminary concept map containing the following information:
a. Date, scale, north arrow;
b. Name and address of owner, subdivider, and surveyor preparing the certified survey map;
c. Location of lands by government lot or 1/4-1/4 section;
d. A dark bold line indicating the limits of the division;
e. Approximate bearings, dimensions, curve data, if applicable, and areas of the proposed divisions and overall lands to be included in the certified survey map;
f. Approximate location and area of property proposed to be dedicated for public use or reserved by deed covenant for use of all property owners in the subdivision with the conditions, if any, of such dedication or reservation;
g. Zoning within the subject and all adjacent and abutting lands;
h. Building setback and offset lines per the zoning code requirements;
i. Location, widths, and names of existing and platted streets, alleys, or other public ways and easements; railroad and utility rights-of-way; parks and playgrounds; cemeteries; watercourses; drainage ways; environmental corridors including wetland and lands subjected to flooding; permanent buildings; bridges on subject lands and lands within a 300-foot buffer around the subject lands;
j. Approximate elevation of the water and any high or low water elevations available where the subject lands cross or are bordered by lakes or streams;
k. Location and size of all laterals and mains for adjacent sanitary sewer and potable water;
l. Contours at vertical intervals of one foot referenced to NAVD 88 (2011 adjustment). Contour information may be obtained from the Waukesha County Land Information Office.
2. The Director of Community Development and City Engineer shall check the preliminary concept map as to its conformity with Sections 236.34 and 236.45, Wisconsin Statutes, the official map, the comprehensive plan, and the standards and requirements set forth in this code.
3. After review of the preliminary concept map, the Director of Community Development shall advise the Plan Commission about what public improvements should be required and whether the preliminary concept map should be approved, rejected, or approved conditionally based on the factors set forth in subsection (B) of this section and the reasons therefor and what improvements should be required. The Plan Commission shall make a recommendation to the Common Council. Within 90 days of submission, unless the time is extended in writing by the subdivider, and taking into account the Plan Commission’s recommendation, the Common Council shall establish the improvements needed for the land reconfiguration and approve, approve conditionally, or reject the preliminary concept map. The Director of Community Development shall notify the subdivider, in writing, of any conditions of approval or the reasons for rejection. (Ord. 2866-24 § 4, 2024; Ord. 2862-24 § 1, 2024; Ord. 2805-22 §§ 11—13, 2022; Ord. 2021-111604 § 1, 2021)
16.12.045 Certified survey map.
A. No later than 36 months after approval of the preliminary concept map, unless the Common Council approves an extension of time, a subdivider shall submit a certified survey map, the certified survey map fee set forth in Section 3.28.010(HH), and a completed checklist on City Form No. CSM-1 of all the requirements necessary for the certified survey map submittal to the Director of Community Development. The certified survey map shall be in recordable format as prescribed by the Waukesha County Register of Deeds, shall legibly and accurately describe and depict the information required in Section 236.34, Wisconsin Statutes, and shall be accompanied by a title report in compliance with Section 16.12.050.
B. The City Engineer and Director of Community Development shall check the certified survey map as to its conformity with Section 236.34, Wisconsin Statutes, its conformity with the preliminary concept map and any conditions of that approval, the official map, the comprehensive plan, and the standards and requirements set forth in this code.
C. After review of the certified survey map, the Director of Community Development shall advise the Plan Commission whether the certified survey map should be approved, approved conditionally, or rejected based on its compliance with the approved preliminary concept map. The Plan Commission shall make a recommendation to the Common Council. Within 90 days or a longer period of time upon agreement with the subdivider, the Plan Commission and Common Council shall approve, conditionally approve, or reject the certified survey map. If the certified survey map is rejected or conditionally approved, the Director of Community Development shall notify the subdivider, in writing, the reasons therefor. (Ord. 2805-22 § 12, 2022; Ord. 2021-111604 § 1, 2021. Formerly 16.12.040(C)(4)—(6))
16.12.050 Title abstract required.
A title abstract shall be submitted with the preliminary plat or preliminary concept map application. The report must be dated within 90 days of the application and shall be updated within 90 days of the Common Council’s expected approval date of the final plat or certified survey map. Council approval will be withheld until the abstract has been received and approved by the City Attorney. (Ord. 2805-22 § 14, 2022; Ord. 2021-111604 § 1, 2021)
16.12.060 Penalty for violation of this chapter.
Any person, firm, partnership, or corporation who violates any part of this chapter shall be subject to the penalty and enforcement provisions in Chapter 1.12. (Ord. 2021-111604 § 1, 2021)