Title
Ordinance to repeal and recreate Section 12.80 of the Revised Municipal Code regarding certified survey map regulations and to create Section 12.81 regarding subdivision regulations.
Body
The Common Council of the City of West Allis do ordain as follows:
PART I. Section 12.80 of the Revised Municipal Code of the City of West Allis is hereby repealed and recreated to read:
12.80 CERTIFIED SURVEY MAPS.
(1) General Provisions.
(a) No person, firm or corporation shall divide or subdivide any land into four (4) or less parcels of land consisting of lots or outlots, re-plat any land, or change parcel boundaries of any land located within the City without first filing a certified survey map (herein after referred to as “map” in this section) with the Department of Development for review by the Plan Commission and approval by the Common Council. The subdivider shall prepare the certified survey map in accordance with this section and shall file the original, ten (10) copies, and an electronic version of the map, together with a letter of application, with the Department of Development. If multiple County reviews are necessary, the subdivider shall deposit with the City an amount equal to additional review fees established by the Register of Deeds.
(b) The map shall be reviewed by the Plan Commission for conformity with this section and all ordinances, rules, regulations, comprehensive plan, comprehensive plan components, zoning codes, building codes, sanitary, sewer and water codes which affect it. The Plan Commission shall recommend approval, conditional approval, alteration (or modification) or rejection of the map, and shall transmit the map, along with its recommendations, to the Common Council.
(c) The Common Council shall approve, approve conditionally, or reject such map within ninety (90) days of submitting the map unless the time is extended by agreement with the subdivider and the Department of Development. If the map is rejected, the reason shall be stated in the minutes of the meeting and a written statement forwarded to the subdivider.
(d) The City shall record the map with the Milwaukee County Register of Deeds within six (6) months of approval by the Common Council and shall obtain a certified copy of the recorded map.
(e) Words used in this section shall be defined in accordance with Section 12.06 of this Chapter, except that where no such definition is given, the definitions contained in Chapter 236 of the Wisconsin Statutes, shall govern.
(2) Preparation of Certified Survey Map. The certified survey map, prepared by a registered land surveyor, shall comply in all respects with the requirements of Chapter 236 of the Wisconsin Statutes and shall follow the Certified Survey Map checklist, available to applicants from the Department of Development. At a minimum, the map shall show:
(a) All existing buildings located on the lands affected and any buildings or portions thereof located within fifty (50) feet of the boundary of such lands;
(b) All land reserved for future acquisition by the City;
(c) Date of the map;
(d) Graphic scale;
(e) Elevation grades at building corners and elevation grades at lot corners;
(f) Name and address of the owner or owners of the properties being affected, and surveyor;
(g) All existing (with recorded document numbers) and proposed easements;
(h) All newly created land units being referenced as “lot;” and,
(i) Adjacent right of way information to include, but not be limited to, widths of alley, street, sidewalk and other pertinent information.
(3) Conformance with Zoning Ordinance. Except as provided herein, no lands may be divided into lots which do not conform with the regulations of this Chapter or, where the division will increase or cause the non-conformity of any existing structure with such regulations. The Common Council may approve lots with less lot width or land area than required by the regulations of this Chapter provided the following conditions are met:
(a) Not more than four (4) lots or outlots are created;
(b) The lots or outlots so created would have at least seventy-five percent (75%) of the lot width and area required by the district in which such lots are located; and,
(c) At least fifty percent (50%) of the lots or outlots having frontage on the same street and within the same block are developed with lot widths or areas substantially conforming to the proposed.
(4) Conformance with the Building Code. No lands maybe divided where newly established lot lines would violate building code (i.e. fire resistance of walls and allowable openings in walls adjacent to property lines) or plumbing code (i.e. water, sanitary sewer or storm sewer private services crossing new lot lines). Any improvements or documentation required shall be completed prior to City approval of the map. In lieu of installation, prior to map approval, a surety bond or other approved security shall be deposited to the City to ensure the completion of the improvements within one (1) year of the map being recorded. The Building Inspector may require two (2) or more estimates from contractors to determine the value of the bond or security. The bond or security shall remain in force until the required improvements have been completed and approved by the Building Inspector.
(5) Dedication of Street Rights of Way. No full street shall be less than sixty (60) feet wide unless otherwise permitted by specific enactment of the Common Council. Where lands to be divided abut a street of lesser width than has been established by law, the subdivider shall dedicate from the land so much thereof as necessary to provide at least one-half (1/2) of the additional right of way required on the side of the existing center line. Such dedication shall be a condition of approval of the certified survey map. All enactments by the Common Council establishing street widths are incorporated into this section by reference hereto, and shall be effective as if fully set forth herein. All State roads affected by the proposed map shall be reviewed and approved by the Wisconsin Department of Transportation.
(6) State Plane Coordinate System. Where the map is located within a quarter section, the corners of which have been located, monumented and coordinated by the City, the map shall be tied directly to one of the sections or quarter corners so located, monumented and coordinated. The exact grid bearing and distance of such tie shall be determined by field measurements, and the monument marking the located section or quarter corner to which the map is tied, shall be indicated on the map. All distances and bearings shall be referenced to the Wisconsin coordinate system, south zone, and adjusted to the City's control survey.
(7) Public and Private Infrastructure. No certified survey map or final plat for the subdivision of land shall be approved by the Common Council unless the Board of Public Works determines that all public and private utility and street improvements are available or will be made available to each property within two (2) years from the date of Common Council approval. Public and private utilities shall include, but not be limited to, the following: water, sanitary sewer, storm sewer, natural gas, telephone, electrical and cable TV/Internet services. Street improvements shall include, but not be limited to, the following: concrete sidewalks and concrete pavement and street lighting. Included in the developer's costs may be a traffic study and addressing the resulting traffic control issues.
Where the certified survey map or final plat involves the dedication of new streets or the extension of existing streets to serve only the lots proposed to be subdivided, the developer or person filing the certified survey map or final plat shall enter into a contract with the City of West Allis, with proper security to be determined by the City Engineer and City Attorney, agreeing to reimburse the City for the total cost of all infrastructure improvements and inspection, supervision and administration of the installation of public and private infrastructure by City staff or consultants. Labor costs will include fringe benefits. The City, at its sole discretion, may require some or all of these costs be paid prior to design or construction work to proceed.
Where the certified survey map or final plat involves the improvement of existing infrastructure or involves the dedication of partial street rights of way to serve property other than that proposed to be subdivided, the installation of required infrastructure may be made in accordance with the assessment policy in effect at the time of installation, unless another determination is imposed by the Board of Public Works and Common Council.
(8) Certificates to Accompany Map or Plat. To entitle a final plat or certified survey map to be recorded, the surveyor's certificate of compliance with statute, the owner's certificate and the certificates of taxes paid, in the form provided by Chapter 236 of the Wisconsin Statutes, shall appear on such plat or map.
(9) Administrative Fees. Each certified survey map, plat of subdivision, or re-approval submittal filed with the Department of Development shall be accompanied by a non-refundable filing fee that is established under the Planning Application Review Fee Schedule of Section 12.13(17) of the Revised Municipal Code of the City of West Allis.
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PART II. Section 12.81 of the Revised Municipal Code of the City of West Allis is hereby created to read:
12.81 PLAT OF SUBDIVISION.
(1) General Provisions.
(a) No person, firm or corporation shall divide or subdivide any land to create five (5) or more parcels or building sites of 1 ½ acres each or less in area; or, five (5) or more parcels or building sites of 1 ½ acres each or less in area created by successive divisions within a period of five (5) years, within the City without first filing a plat of a subdivision (herein after referred to as “plat” in this section) with the Department of Development for review by the Plan Commission and approval by the Common Council. The subdivider shall prepare the plat in accordance with Chapter 236 of the Wisconsin Statutes and shall file the original, ten (10) copies, and an electronic version of the plat, together with a letter of application, with the Department of Development. If multiple County reviews are necessary, the subdivider shall deposit with the City an amount equal to additional review fees established by the Register of Deeds.
(2) Preparation of Plat of Subdivision. The plat of subdivision, prepared by a registered land surveyor, shall comply in all respects with the requirements of Chapter 236 of the Wisconsin Statutes. At a minimum, the plat shall show:
(a) All existing buildings located on the lands affected and any buildings or portions thereof located within fifty (50) feet of the boundary of such lands;.
(b) All land reserved for future acquisition by the City;
(c) Date of the map;
(d) Graphic scale;
(e) Elevation grades at building corners and elevation grades at lot corners;
(f) Name and address of the owner or owners of the properties being affected, and surveyor;
(g) All existing (with recorded document numbers) and proposed easements;
(h) All newly created land units being referenced as “lot;” and,
(i) Adjacent right of way information to include, but not be limited to, widths of alley, street, sidewalk and other pertinent information.
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PART III. All ordinances or parts of ordinance contravening the provisions of this ordinance are hereby repealed.
PART IV. This ordinance shall take effect and be in force from and after its passage and publication.
cc: Department of Development
City Attorney's Office
Department of Building Inspections and Neighborhood Services
Engineering Department
ZON-O-708-3-9-09