§ 66-171. Review and approval.

(a)

Filing requirements.

(1)

The subdivider shall prepare a final plat and a letter of application in accordance with this chapter and shall file ten copies of the plat and the application with the clerk-treasurer at least 15 days prior to the meeting of the plan commission at which action is desired. The owner or subdivider shall file ten copies of the final plat not later than 24 months after the date of approval of the preliminary plat; otherwise, the preliminary plat and final plat will be considered void unless an extension is requested in writing by the subdivider and for good cause granted by the city. The owner or subdivider shall also submit at this time a current certified abstract of title or registered property report and such other evidence as the city attorney may require showing title or control in the applicant. A written transmittal letter shall identify all substantial changes that have been made to the plat since the preliminary plat. When the subdivider expects the city to act as the transmitting authority in accordance with Wis. Stats. § 236.12, the application shall state that transmittal responsibilities lie with the city and shall contain a list of the other authorities to which the plat must be subjected and shall be accompanied by such additional fees and copies of the plat as are necessary to be transmitted to such authorities.

(2)

If the city is acting as the transmitting authority, the clerk-treasurer shall, within two days after filing, transmit copies to the county planning agency, copies to the director of the planning function in the state department of development, additional copies to the director of the planning function for retransmission of copies to the state department of transportation if the subdivision abuts or adjoins a state trunk highway or a connecting street and the state department of commerce if the subdivision is not served by a public sewer and provision for service has not been made, to all affected city boards, commissions and committees and the original final plat and adequate copies to the plan commission. The county planning agency, the state department of development, the state department of transportation, and the state department of commerce shall be referred to in this section as "objecting agencies."

(3)

The final plat shall conform to the preliminary plat as approved and to the requirements of all applicable ordinances and laws and shall be submitted for certification of those agencies having the authority to object to the plat as provided by Wis. Stats. § 236.12(2).

(4)

Simultaneously with the filing of the final plat or map, the owner shall file with the clerk-treasurer 12 copies of the final plans and specifications of public improvements required by this chapter, and a signed copy of the developer's contract required by section 66-372. The common council designee shall examine the plat or map and final plans and specifications of public improvements for technical details and, if he finds them satisfactory, shall so certify in writing to the plan commission. If the plat or map or the plans and specifications are not satisfactory, the common council designee shall return them to the owner and so advise the plan commission.

(5)

The clerk-treasurer shall refer two copies of the final plat to the plan commission, one copy to the common council designee, one copy to the city attorney, and a copy each to the telephone and power and other utility companies. The abstract of title or registered property report and final plat shall be referred to the city attorney for his examination and report. The clerk-treasurer shall also refer final plans and specifications for public improvements required by this chapter to the common council designee for review. The recommendations of the plan commission, city attorney, and common council designee shall be made within 30 days of the filing of the final plat.

(b)

Plan commission review.

(1)

The plan commission shall examine the final plat as to its conformance with the approved preliminary plat, any conditions of approval of the preliminary plat, this chapter and all applicable ordinances, rules, regulations, comprehensive plans and comprehensive plan components which may affect it and shall recommend approval, conditional approval or rejection of the plat to the plan commission.

(2)

The objecting state and county agencies shall, within 20 days of the date of receiving their copies of the final plat, notify the subdivider and all other approving and objecting agencies of any objections, except that the state department of development has 30 days in which to make objections. If there are no objections, they shall so certify on the face of the copy of the plat and shall return that copy to the city. If an objecting agency fails to act within 20 days, it shall be deemed to have no objection to the plat.

(3)

If the final plat is not submitted within 24 months of the last-required approval of the preliminary plat, the plan commission may refuse to recommend approval of the final plat.

(4)

The plan commission shall, within 30 days of the date of filing of the final plat with the clerk-treasurer, recommend approval, conditional approval or rejection of the plat and shall transmit the final plat and application along with its recommendations to the common council. The plan commission may hold the matter in abeyance if there is incomplete or inadequate information.

(c)

Council review and approval .

(1)

The common council shall, within 90 days of the date of filing the original final plat with the clerk-treasurer, approve or reject such plat unless the time is extended by agreement with the subdivider. If the plat is rejected, the reasons shall be stated in the minutes of the meeting, and a written statement of the reasons shall be forwarded to the subdivider. The common council may not inscribe its approval on the final plat unless the clerk-treasurer certifies on the face of the plat that the copies were forwarded to objecting agencies as required in this section, the date thereof and that no objections have been filed within 20 days or, if filed, have been met.

(2)

The common council shall, when it determines to approve a final plat, give at least ten days' prior written notice of its intention to the municipal clerk of any municipality within 1,000 feet of the final plat.

(3)

Failure of the common council to act within 60 days, the time having not been extended and no unsatisfied objections having been filed, the plat shall be deemed approved.

(d)

Recordation. After the final plat has been approved by the common council and required improvements either installed or a contract and sureties ensuring their installation is filed, the clerk-treasurer shall cause the certificate inscribed upon the plat attesting to such approval to be duly executed and the plat returned to the subdivider for recording with the county register of deeds. The register of deeds cannot record the plat unless it is offered within six months from the date of preliminary plat approval or 30 days after the date of final plat approval. Recording fees shall be paid by the subdivider.

(e)

Final copies. The subdivider shall file ten copies of the final plat as approved with the clerk-treasurer for distribution to the approving agencies, affected utilities and other affected agencies for their files. One mylar copy shall also be filed with the common council designee.

(f)

Partial platting. The final plat may, if permitted by the common council, constitute only that portion of the approved preliminary plat which the subdivider proposes to record at the time.

(Code 1994, § 14-1-33)