21.040 Procedures.

(1) For Plat Approval Within Corporate Limits.

(a) Concept Plan. Any owner or authorized representative, proposing to subdivide or divide a tract of land into five or more parcels or building sites of five acres or less in area, shall contact the City Planner and/or the City Engineer and acquaint themselves with the provisions of the Wisconsin Statutes and ordinances of the City concerning the platting of land. Prior to, or concurrent with, the submittal of a preliminary plat, a concept plan shall be submitted for approval by the City Plan Commission. The concept plan is intended to guide the overall development of property in the City, and shall provide the following information:

1. Scaled sketch of the proposed subdivision including location map, existing topography, number of lots, lot and block numbers, typical lot width and depth, proposed utilities and street improvements, street names, proposed layout of streets and their relationship to the City’s Official Map, physical and legal/statutory relationships between the subdivision and abutting properties, and identification of any other relevant land characteristics including, but not limited to, adjacent development patterns, wetlands, stormwater management or treatment facilities under Chapter 28 MMC, playgrounds, parks or other public areas.

2. This concept plan shall depict the total planned development for contiguous land areas owned by a subdivider, including the current and all future phases of a proposed subdivision development. Approval of the concept plan by the City Plan Commission shall be required prior to consideration of a preliminary plat. Approval of the concept plan shall not be interpreted as approval of a preliminary plat.

(b) Submittal of Preliminary Plat to Plan Commission Before July 1st. The owner, or his authorized representative, shall submit to the City Plan Commission a preliminary plat of the proposed subdivision, prepared in accordance with these regulations and Wis. Stat. Ch. 236, before July 1st if contemplating requesting approval of the final plat during the next year. The submission of a preliminary plat shall be at least 10 days prior to the next regular scheduled City Plan Commission meeting and shall include 10 prints of the preliminary plat, three sets of engineering plans, and a letter of transmittal requesting approval and outlining, among others, the proposed use of the subdivided land, proposed dedication of land intended for streets, alleys, public ways or other public uses and others that are proposed by the subdivider. The map showing the preliminary plat shall cover all adjacent real property owned in whole or in part or controlled by the subdivider, even though only a small portion thereof is proposed for development at this time.

(c) Action of Common Council Concerning Preliminary Plat. Within 90 consecutive calendar days of the date of the filing of the preliminary plat with the City Clerk, the Common Council shall take action to approve, approve conditionally, or reject such preliminary plat. Notice of the action of the Common Council shall be given to the owner, or his authorized representative, within 10 consecutive calendar days thereafter outlining, in writing, any conditions of approval or the reasons for rejection of the plat, unless the time is extended by agreement with the subdivider. Failure to act within the 90 days shall constitute approval of the preliminary plat.

(d) Reports of Reviewing Agencies. Reports on the preliminary plat shall be prepared and considered by the City Plan Commission from the following agencies, or any successor agencies, as well as other entities requesting reviewing authority and providing essential services in the City:

1. City – Engineering, Planning, Police, Fire and Building Inspection Departments.

2. Manitowoc Public Utilities.

3. Manitowoc County Planning and Zoning.

4. Comcast Cable.

5. Wisconsin Public Service Corporation.

6. AT&T Wisconsin.

(e) Plan Commission Report on Preliminary Plat to Common Council. After recommendation concerning the preliminary plat by the City Plan Commission, the same shall be forwarded to the Common Council with a statement of the conditions upon which the recommendation was based. This statement shall enumerate those regular and/or special site improvements and conditions of compliance which must be installed and satisfied prior to approval of the final plat by the Common Council and subsequent recording of the final plat at the Manitowoc County Register of Deeds. The preliminary plat along with the recommendations of the City Plan Commission may be considered by the Common Council at its next regular scheduled meeting. The Common Council shall, by resolution, indicate its approval, conditional approval, or rejection of the preliminary plat including any conditions upon which the approval is based, and shall specify what improvements and conditions of compliance will be required before acceptance of the final plat. A certified copy of this resolution shall be sent by the City Clerk to the person(s) submitting the plat.

(f) Submittal of Final Plat to City Plan Commission. Within 36 consecutive calendar months after the date of approval of the preliminary plat by the Common Council, a final plat of the proposed subdivision, prepared in accordance with these regulations and Wis. Stat. Ch. 236, shall be submitted to the City Clerk and City Plan Commission. The submission of this final plat shall include 10 photostatic copies of the final plat and a letter of transmittal requesting approval and outlining all necessary points in relation to the final plat. Within 60 consecutive calendar days after the date of transmittal of the final plat to the City Clerk and City Plan Commission, it shall be either approved or rejected by the Common Council according to the provisions of Wis. Stat. Ch. 236. Approval of a final plat shall require the review and conclusions pursuant to Wis. Stat. § 236.11(1)(c) regarding conformity of the final plat to the preliminary plat.

(g) City Plan Commission Report on Final Plat to Common Council. After review of the final plat by the City Plan Commission, the Commission shall forward a recommendation to the Common Council to approve, conditionally approve or reject the final plat along with a statement of the conditions of compliance upon which said recommendation was based. The recommendations to the Common Council shall include the necessary minimum improvements and special requirements needed to be carried out to fulfill the letter and spirit of this chapter.

(h) Filing Requirements of Approved Final Plat. After the final plat of the subdivision has met with all approvals, and is in a status acceptable at the Manitowoc County Register of Deeds, the subdivider shall cause to be filed with the City Plan Commission and with the City Engineer mylar tracings of the subdivision map and the surveying data pertaining thereto. The final plat must be recorded pursuant to Wis. Stat. § 236.25(2)(b).

(i) Notice to Municipalities Within 1,000 Feet. Pursuant to Wis. Stat. § 236.11(2), the City Clerk’s office shall (at least 10 consecutive calendar days prior to the earliest anticipated date the Common Council may take action on a final plat) issue a notice to the clerk of any municipality whose boundaries are within 1,000 feet of any portion of the proposed final plat advising that party of the City’s intention. Failure to give such notice shall not invalidate any such plat.

(j) Final Plat Review Fee. Whenever a final plat of a proposed subdivision is submitted to the City Clerk and City Plan Commission for approval, a review fee as determined by resolution of the Common Council shall accompany the submittal of final plat to the City Clerk. Such sum shall not be refunded whether or not the final plat is approved.

(2) Procedure for Approval of Plats or Development Plans Within the Extraterritorial Plat Approval Jurisdiction of the City. When the land to be subdivided lies within three miles of the corporate limits of the City, the subdivider shall proceed as specified in the Manitowoc County subdivision regulations. All improvement requirements, specified by the County or township Board, or any special district in matters over which they have jurisdiction, shall be met before the filing and recording of the final plat.

(a) Subdivision Plats. Any final subdivision plat as defined in the Wisconsin Statutes shall be submitted to the City Plan Commission in triplicate for its approval as provided for in Wis. Stat. § 236.10.

(b) Development Plans. Any development plans, as required by the County subdivision regulations, shall be submitted to the City Plan Commission in triplicate for its approval.

(3) Procedures for Approval of Lot Divisions Not Involving Subdivision or Development Plans. Any division of land 10 acres or less in area which creates an additional parcel or building site within the corporate limits of the City or its extraterritorial jurisdiction must be accomplished by a CSM prepared in accordance with the provisions of Wis. Stat. § 236.34, and must be submitted to and approved by the City Plan Commission after review of the CSM’s conformance to the Comprehensive Plan, Official Map, and other applicable State and local ordinances and regulations. Prior to filing a CSM, the subdivider may consult with the City Planner and/or the City Engineer for advice and assistance. These consultations are intended to inform the subdivider of the purpose and objectives of these regulations, the Comprehensive Plan and Official Map, and to otherwise assist the subdivider in planning his/her development.

(4) CSM Review Fee. Whenever a CSM is submitted to the City Plan Commission for approval, a filing fee as determined by resolution of the Common Council shall accompany the CSM. Such sum shall not be refunded whether or not the CSM is approved.

[Ord. 12-529 §§ 45, 46, 2012; Ord. 11-429 §§ 12 – 14, 2011; Ord. 08-490 §§ 37 – 41, 2008. Prior code § 21.04]