1717 East Park Street, Two Rivers WI 54241 (920) 793-5523

 

Title 12: Subdivision and Platting

 

Chapter 1

Subdivision and Platting

 

Sec. 12-1-1 Definitions

(a) For the purpose of this chapter, the following terms and words are defined as follows and shall have these meanings unless it shall be apparent from the context that different meanings are intended:

(b) When not inconsistent with the text, words used in the present tense include the future, words in the singular number include the plural, words in the plural number include the singular, and the word "shall" is mandatory, not directory.

Sec. 12-1-2 Requirement to Conform

  Hereinafter, all land divisions made within the City and outside the City within three (3) miles of the limits thereof, except any within another incorporated City or within an incorporated village, shall conform to this chapter and to the requirements of the Platting Act. Said land divisions and all future subdivisions shall conform to any official map and to any plan of proposed future development of Two Rivers and environs adopted by the Council.

Sec. 12-1-3 Standards and Procedures for Land Divisions Requiring a Certified Survey

(a) MINIMUM LOT SIZE. Minimum area for sewered lots shall be 7,200 square feet. Unsewered lots shall meet the minimum area requirements of Chapters SPS 383 and 385 of the Wisconsin Administrative Code.

(b) ACCESS AND FRONTAGE. All lots shall front on a public road for a distance of at least sixty (60) feet and shall have vehicular access thereto. Access or frontage by means of easement is not acceptable.

(c) STREETS. Cul-de-sacs exceeding six hundred (600) feet in length shall be extended by easement to the property line connecting with existing or proposed roads whenever possible. All streets shall have a minimum of sixty (60) feet of right-of-way. The right-of-way diameter of a cul-de-sac shall not be less than one hundred (100) feet. All streets shall meet the requirements of Section 12-1-5(b), paragraphs 6 through 13.

(d) DEVELOPMENT PLAN. Should the proposed division create two or more parcels of five (5) acres or less within a five (5) year period, a development plan for the entire property shall be submitted showing all future land uses on all future roads along with their connection or future connection with adjacent existing or planned roads or streets.

(e) PRELIMINARY REVIEW. The applicant shall present a preliminary Certified Survey Map to the Plan Commission, which Commission shall:

(f) ADDITIONAL INFORMATION. The Map shall show correctly on its face, in addition to the information required by Section 236.64 of the Wisconsin Statutes, the following:

(g) CERTIFICATES.

Sec. 12-1-4 Platting Procedure

(a) PRELIMINARY CONSULTATION. A Sub-divider proposing to make a land division within the City or within three (3) miles of the limits thereof shall first obtain the information referred to below:

(b) SUBSEQUENT PROCEDURE. After preliminary consultation, the Sub-divider shall then proceed as follows:

Sec. 12-1-5 Design Standards

(a) A preliminary plat and a final plat shall be designed with reference to the standards hereinafter established, said standards being for the purpose of guiding and accomplishing coordinated, adjusted and harmonious development of the City which will, in accordance with existing and future needs, best promote public health, safety, order, convenience and the general welfare, as well as efficiency and economy in the process of development.

(b) The following design standards are hereby established.

Sec. 12-1-6 Public Sites and Open Spaces

  In order that adequate space and sites for public uses may be properly located and preserved as the community develops; and in order that the cost of providing the park and recreation sites and facilities necessary to serve the additional families brought into the community, by subdivision development, may be more equitably apportioned on the basis of the additional need created by the individual subdivision development, the following provisions are established:

(a) Wherever a proposed playground, park, school site or other public land, other than streets or drainage-ways, designated in a comprehensive plan, component part thereof, or on an "official" map of the City is embraced, all or in part, in a tract of land to be subdivided, these proposed public lands shall be so designed as to be made an integral part of the plan and/or Certified Survey Map and may be dedicated but in any case, shall be reserved, for acquisition at undeveloped land costs, by the agency having jurisdiction prior to preliminary plat approval, unless extended by mutual agreement.

(b) In the design of a subdivision, consideration shall be given to the adequate provision of and correlation with public sites or open spaces, where it is determined by the City Plan Commission that a portion of the area is required for such public sites or open spaces, the Subdivider may be required to reserve such area for acquisition of undeveloped land costs by the agency having jurisdiction prior to preliminary plat approval, unless extended by mutual agreement.

(c) Wherever a subdivision abuts a public use area such as a park, lake, stream or any similar type of public recreational area, the Sub-divider, at the option of the Plan Commission, shall provide an access thoroughfare at least sixty (60) feet wide connecting such public area with a public street so that there shall be adequate public access to the public use area as determined by the Commission.

(d) Within the corporate limits, where feasible and compatible with the comprehensive plan for development of the community, the Sub-divider shall dedicate to the public adequate land to provide of the park and recreation and other public facility needs of the subdivision at such locations approved by the City. Normally a neighborhood park shall be at least five (5) acres.

(e) Reservation of areas for the exclusive use of the occupants of a subdivision may be agreed to by the Council when not contrary to the public health, safety, morals or the general welfare, and such shall be clearly marked "Private ______" on the final plat.

Sec. 12-1-7 Preliminary Plat Requirements

(a) A preliminary plat shall be clear and legibly drawn on tracing paper or tracing cloth of good quality and all prints or copies thereof shall be clear and legible. The size of the tracing shall be 22 by 30 inches. It shall be on a scale of not more than 100' = 1" to show clearly all detail thereof.

(b) A preliminary plat together with accompanying sheets of data and other materials as are needed for the purpose shall contain the following data:

  To insure compliance with the approved drainage plan, a covenant shall be included on the face of the final plat referring to the drainage plan at the time of approval of the plat requiring compliance therewith by the developer.

Sec. 12-1-8 Filing and Distribution of Preliminary Plat

(a) The tracing and four (4) dark line prints of the preliminary plat and the original and four (4) copies of sheets of data accompanying said plat shall be filed with the City Clerk who shall collect a filing fee as set forth in Section 1-2-1, said fee being to defray a portion of the cost of time of City officials in checking the adequacy of the preliminary plat.

(b) Under each of the following conditions one additional print and copy of sheets of data shall be required in filing and shall be referred by the City Clerk to the City Plan Commission with a request that recommendations, if any, be transmitted to the Council:

Sec. 12-1-9 Distribution by Clerk

  Additional distribution of the prints and copies of data sheets by the City Clerk shall be: one copy of each to the City Engineer and copies to other approving or reviewing agencies as required by Section 236.12, Wisc. Stats. One print and one copy of sheets of data shall be retained until after action thereon by the Council, and immediately thereafter shall be returned to the Sub-divider with notations on approval by the Council, disapproval or approval with modifications, and with required modifications indicated or explained.

Sec. 12-1-10 Action on Preliminary Plat

  The City Engineer shall check the preliminary plat with reference to the requirements of this chapter and in the Platting Act. He shall note any requirements not fulfilled, any modifications deemed necessary and improvements that should be installed with specifications therefor, and give such findings and conclusions as recommendations to the City Plan Commission. Such agency shall then give its conclusions and recommendations to the Council in a verbal or written report.

Sec. 12-1-11 Action by Council

  Within forty (40) days after the date of filing the preliminary plat, the Council shall be given the report by the City Plan Commission and shall consider this together with the preliminary plat, and shall act to tentatively approve said plat, disapprove it, or tentatively approve it with modifications. Within three (3) days after such actions, the City Clerk shall give to the Sub-divider, or mail to him at his last known address, a print of the preliminary plat and a copy of the accompanying sheets of data, together with notification of the Council's action thereon.

Sec. 12-1-12 Improvements

  At the time of taking action on the preliminary plat, the Council shall indicate what improvement of streets, alleys, electric service and public places, the latter including curbs, gutters, walks, sewers, water lines and drainage facilities, shall be installed and when, as a condition precedent to plat approval, provided that in lieu of installation prior to plat approval a surety bond running to the City to insure the performance of such installation with a required time may be required. The Council may also, as a condition precedent to the approval of the final plat, require the owner to enter into an agreement providing for additional improvements proposed to be shown on the plat such as lagoons, slips, waterways, lakes, bays or canals not then in existence and may require a surety bond running to the City to insure such performance.

Sec. 12-1-13 Survey and Final Plat Requirement

  The Sub-divider or owner shall cause the survey and the land division to be made in conformity with the preliminary plat as tentatively approved with the requirements of the Platting Act. When the survey and land division is completed, the Sub-divider or owner may then cause a final plat thereof to be made in accordance with the requirements of the Platting Act. Accompanying the final plat shall be a final plan of all the improvements to be installed by the owner or Sub-divider with final grades and profiles for those improvements, grades and profiles of which were required with the preliminary plat. The affidavits and certificates appearing on the final plat shall be at least all those required in the Platting Act.

Sec. 12-1-14 Time Limit for Filing

  Unless the filing of a final plat is within one year from the date of action by the Council on the preliminary plat, the Sub-divider shall again file the original preliminary plat of a new preliminary plat unless a variation from this requirement following a written request therefor, with reasons, is permitted by the Council.

Sec. 12-1-15 Filing of Final Plat

  The final plat and all accompanying data required by this chapter and by the Platting Act, and a tracing thereof, shall be filed with the City Clerk who shall present same to the Council at its next meeting. If no meeting is to be held within two (2) weeks the City Clerk shall notify the members of the Council of the receipt of the plat and a meeting to consider it shall be held within two (2) weeks after such receipt. Within one day after receipt, the City Clerk shall deliver one copy of the final plat and all accompanying data to the City Engineer and shall delivery one copy thereof to the City Plan Commission with a notification of the date of the Council meeting for consideration of the final plat. The City Clerk shall require the Sub-divider to file sufficient copies of the final plat to enable him to comply with Section 236.12 Wis. Stats., and he shall do so.

Sec. 12-1-16 Action on Final Plat

  The City Engineer shall check the final plat and accompanying data for conformity with the requirements of this chapter and of the Platting Act and shall give a verbal or written report thereon to the City Plan Commission. Such agency shall then give its conclusions and recommendations as to the adequacy of the final plat to the Council at said meeting. The Council shall approve or reject the final plat within forty (40) days after it is received by the City Clerk.

Sec. 12-1-17 Variation from Requirements of this Chapter

  When the Council finds that the application of this Chapter to a proposed land division or to a preliminary or final plat thereof would cause unnecessary hardship or practical difficulty, it may permit such variations therefrom as are not contrary to the intent and purpose of this Chapter or the master plan or the Official Map or other plans, and as are not in violation of the Platting Act or other applicable law. The Council may adopt such variations as may be recommended by the City Engineer or by the advisory agency. The nature of such shall be recorded in the proceedings of the Council.

Sec. 12-1-18 Tentative Plat Optional

  The preparation and submission of a tentative plat, as provided for in the Platting Act, instead of a preliminary plat as required herein, shall be optional with any Sub-divider, but such tentative plat shall satisfy the requirements herein for a preliminary plat unless variations therefrom are permitted by the Council and shall conform to the requirements of the Platting Act.

Sec. 12-1-19 Approval of Land Divisions

  Any change, re-division, or rearrangement in the boundary or division lines of any parcel of land which does not create a subdivision, or otherwise require Plan Commission action, must be approved by the Zoning Administrator. Any person desiring to make such a land division shall make a written application to the Zoning Administrator accompanied by two preliminary maps showing the existing parcel and the changes desired. If the proposed land division is in compliance with all applicable city ordinances and applicable laws, and the plans and policies of the City of Two Rivers, the Zoning Administrator shall approve the proposed division, in writing. If the Zoning Administrator does not approve the proposed land division, such determination shall also be made in writing.

  Appeals from a decision of the Zoning Administrator hereunder may be filed in accordance with Section 2-5-2 of this Code for consideration by the Board of Appeals, which is hereby granted the authority to review such decisions. Such appeal must be made within thirty (30) days of receipt of the decision from which appeal is made.

  Upon approval of a land division by the Zoning Administrator or the Board of Appeals, the applicant shall record a certified copy of such approval, together with the survey map of the land division required by the City, in the Office of the Register of Deeds for Manitowoc County, and within thirty (30) days after such recording a copy of the approval and survey map as recorded shall be filed with the City Assessor, who shall enter such changes on the Assessment Roll. The description so entered on the Assessment Roll shall be considered the official record of all lands in the city for purposes of interpreting provisions under this Title. No land division shall be effective until filed with the City Assessor. No building permit shall be issued for the construction of any structure on any parcel of land in the city which has been divided or rearranged in violation of this section.

  If the Zoning Administrator is unable for any reason to determine whether any application made under this section should be approved, he/she may refer the application to the Board of Appeals for determination.

Sec. 12-1-20 Establishment of Bench Marks

(a) A new City bench mark is established at the flat surface chiseled out of the extreme southwest corner of the base of the monument in East Central Park.

(b) The datum plane, as now established, is 20.59 feet below such new bench mark.

(c) Such new bench mark is 1.81 feet above the water table of the Police Department Building (formerly the City Hall building) of the City such water table being the bench mark heretofore used for reference to the established datum plane.

Sec. 12-1-21 Penalty

  Any person who shall violate any provision of this chapter shall be subject to the general penalty as provided in Section 1-1-17 of this Code.