In lieu of the procedure under subs. (2)
, the subdivider or the subdivider's agent may submit the original plat to the department which shall forward 2 copies to each of the agencies authorized by sub. (2)
to object. The department shall have the required number of copies made at the subdivider's expense. Within 20 days of the date of receiving the copies of the plat any agency having authority to object under sub. (2)
shall notify the subdivider, and all agencies having the authority to object, of any objection based upon failure of the plat to comply with the statutes or rules which its examination under sub. (2)
is authorized to cover, or, if there is no objection, it shall so certify on the face of a copy of the plat and return that copy to the department. After each agency and the department have certified that they have no objection or that their objections have been satisfied, the department shall so certify on the face of the plat. If an agency fails to act within 20 days from the date of the receipt of copies of the plat, and the department fails to act within 30 days of receipt of the original plat it shall be deemed that there are no objections to the plat and, upon demand, it shall be so certified on the face of the plat by the department.
The department and the state agencies referred to in s. 236.13 (1)
may charge reasonable service fees for all or part of the costs of activities and services provided by the department under this section and s. 70.27
. A schedule of such fees shall be established by rule by each such agency.
In order to facilitate approval of the final plat where more than one approval is required, the subdivider may file a true copy of the plat with the approving authority or authorities with which the original of the final plat has not been filed. The approval of such authorities may be based on such copy but shall be inscribed on the original of the final plat. Before inscribing its approval, the approving authority shall require the surveyor or the owner to certify the respects in which the original of the final plat differs from the copy. All modifications in the final plat shall be approved before final approval is given.
"Planned public development" under (2) (b) is one which county board has adopted by ordinance. Reynolds v. Waukesha County Park & Plan. Comm. 109 W (2d) 56, 324 NW (2d) 897 (Ct. App. 1982).
Basis for approval. 236.13(1)(1)
Approval of the preliminary or final plat shall be conditioned upon compliance with:
Any local master plan which is consistent with any plan adopted under s. 236.46
or official map adopted under s. 62.23
The rules of the department relating to lot size and lot elevation necessary for proper sanitary conditions in a subdivision not served by a public sewer, where provision for public sewer service has not been made;
The rules of the department of transportation relating to provision for the safety of entrance upon and departure from the abutting state trunk highways or connecting highways and for the preservation of the public interest and investment in such highways.
As a further condition of approval, the governing body of the town or municipality within which the subdivision lies may require that the subdivider make and install any public improvements reasonably necessary or that the subdivider execute a surety bond or provide other security to ensure that he or she will make those improvements within a reasonable time.
Any city or village may require as a condition for accepting the dedication of public streets, alleys or other ways, or for permitting private streets, alleys or other public ways to be placed on the official map, that designated facilities shall have been previously provided without cost to the municipality, but which are constructed according to municipal specifications and under municipal inspection, such as, without limitation because of enumeration, sewerage, water mains and laterals, grading and improvement of streets, alleys, sidewalks and other public ways, street lighting or other facilities designated by the governing body, or that a specified portion of such costs shall be paid in advance as provided in s. 66.54 (3)
Any county, town, city or village may require as a condition of approval that the subdivider be responsible for the cost of any necessary alterations of any existing utilities which, by virtue of the platting or certified survey map, fall within the public right-of-way.
As a further condition of approval, any county, town, city or village may require the dedication of easements by the subdivider for the purpose of assuring the unobstructed flow of solar or wind energy across adjacent lots in the subdivision.
As a further condition of approval when lands included in the plat lie within 500 feet of the ordinary high-water mark of any navigable stream, lake or other body of navigable water or if land in the proposed plat involves lake or stream shorelands referred to in s. 236.16
, the department of natural resources, to prevent pollution of navigable waters, or the department of commerce, to protect the public health and safety, may require assurance of adequate drainage areas for private sewage disposal systems and building setback restrictions, or provisions by the owner for public sewage disposal facilities for waters of the state, as defined in s. 281.01 (18)
, industrial wastes, as defined in s. 281.01 (5)
, and other wastes, as defined in s. 281.01 (7)
. The public sewage disposal facilities may consist of one or more systems as the department of natural resources or the department of commerce determines on the basis of need for prevention of pollution of the waters of the state or protection of public health and safety.
No approving authority or agency having the power to approve or object to plats shall condition approval upon compliance with, or base an objection upon, any requirement other than those specified in this section.
Where more than one governing body or other agency has authority to approve or to object to a plat and the requirements of such bodies or agencies are conflicting, the plat shall comply with the most restrictive requirements.
Any person aggrieved by an objection to a plat or a failure to approve a plat may appeal therefrom as provided in s. 62.23 (7) (e) 10.
, within 30 days of notification of the rejection of the plat. For the purpose of such appeal the term "board of appeals" means an "approving authority". Where the failure to approve is based on an unsatisfied objection, the agency making the objection shall be made a party to the action. The court shall direct that the plat be approved if it finds that the action of the approving authority or objecting agency is arbitrary, unreasonable or discriminatory.
An outlot may not be used as a building site unless it is in compliance with restrictions imposed by or under this section with respect to building sites. An outlot may be conveyed regardless of whether it may be used as a building site.
Local units of government may not reject proposed plats under this section unless plat conflicts with existing statutory requirement of this chapter or with existing written ordinance, master plan, official map, or rule under (1). State ex rel. Columbia Corp. v. Pacific Town Board, 92 W (2d) 767, 286 NW (2d) 130 (Ct. App. 1979).
Under (2) (a) authority to condition plat approval on public improvements is with governing body of territory in which subdivision is located. Rice v. City of Oshkosh, 148 W (2d) 78, 435 NW (2d) 252 (1989).
Municipalities have no authority to impose conditions upon a subdivider that extend beyond its borders. Pedersen v. Town of Windsor, 191 W (2d) 664, 530 NW (2d) 427 (Ct. App. 1995).
Sub. (2) (a) does not grant a municipality the power to establish public improvement requirements without an ordinance. Pedersen v. Town of Windsor, 191 W (2d) 664, 530 NW (2d) 427 (Ct. App. 1995).
This section does not authorize localities to rely on a master plan's goals to reject subdivision plats except to the extent the plan mirrors an official city zoning map. Lake City Corp. v. City of Mequon, 199 W (2) 353, 544 NW (2d) 600 (Ct. App. 1996).
For every subdivision of land there shall be a survey meeting the following requirements:
All of the monuments required in pars. (a)
shall be placed flush with the ground where practicable.
The external boundaries of a subdivision shall be monumented in the field by monuments of concrete containing a ferrous rod one-fourth inch in diameter or greater imbedded its full length, not less than 30 inches in length, not less than 4 inches square or 5 inches in diameter, and marked on the top with a cross, brass plug, iron rod, or other durable material securely embedded; or by iron rods or pipes at least 30 inches long and 2 inches in diameter weighing not less than 3.65 pounds per lineal foot. Solid round or square iron bars of equal or greater length or weight per foot may be used in lieu of pipes wherever pipes are specified in this section. These monuments shall be placed at all corners, at each end of all curves, at the point where a curve changes its radius, at all angle points in any line and at all angle points along the meander line, said points to be not less than 20 feet back from the ordinary high water mark of the lake or from the bank of the stream, except that when such corners or points fall within a street, or proposed future street, the monuments shall be placed in the side line of the street.
All internal boundaries and those corners and points not required to be marked by par. (a)
shall be monumented in the field by like monuments as defined in par. (a)
. These monuments shall be placed at all block corners, at each end of all curves, at the point where a curve changes its radius, and at all angle points in any line.
All lot, outlot, park and public access corners and the corners of land dedicated to the public shall be monumented in the field by iron pipes at least 24 inches long and one inch in diameter, weighing not less than 1.13 pounds per lineal foot, or by round or square iron bars at least 24 inches long and weighing not less than 1.13 pounds per lineal foot.
The lines of lots, outlots, parks and public access and land dedicated to the public that extend to lakes or streams shall be monumented in the field by iron pipes at least 24 inches long and one inch in diameter weighing not less than 1.13 pounds per lineal foot, or by round or square iron bars at least 24 inches long and weighing not less than 1.13 pounds per lineal foot. These monuments shall be placed at the point of intersection of the lake or stream lot line with a meander line established not less than 20 feet back from the ordinary high water mark of the lake or from the bank of the stream.
Any durable metal or concrete monuments may be used in lieu of the iron pipes listed in pars. (c)
provided that they are uniform within the platted area and have a permanent magnet embedded near the top or bottom or both.
In cases where strict compliance with this subsection would be unduly difficult or would not provide adequate monuments, the department may make other reasonable requirements.
The governing body of the city, village or town which is required to approve the subdivision under s. 236.10
may waive the placing of monuments under pars. (b)
for a reasonable time on condition that the subdivider executes a surety bond to ensure that he or she will place the monuments within the time required.
(2) Accuracy of survey.
The survey shall be performed by a land surveyor registered in this state and if the error in the latitude and departure closure of the survey or any part thereof is greater than the ratio of one in 3,000, the plat may be rejected.
All permanent survey monuments required by 236.15 (1) (a), (b), (c) and (d), Stats. 1969, must be placed in the field prior to submission of a final subdivision plat for state level review; provided, however, that in the event of a waiver under sub. (1) (h), the placement of all permanent monuments other than those required by sub. (1) (a), may be temporarily deferred. 59 Atty. Gen. 262.
Layout requirements. 236.16(1)(1)
Minimum lot width and area.
In counties having a population of 40,000 or more, each lot in a residential area shall have a minimum average width of 50 feet and a minimum area of 6,000 square feet; in counties of less than 40,000, each lot in a residential area shall have a minimum average width of 60 feet and a minimum area of 7,200 square feet. In municipalities, towns and counties adopting subdivision control ordinances under s. 236.45
, minimum lot width and area may be reduced to dimensions authorized under such ordinances if the lots are served by public sewers.
(2) Minimum street width.
All streets shall be of the width specified on the master plan or official map or of a width at least as great as that of the existing streets if there is no master plan or official map, but no full street shall be less than 60 feet wide unless otherwise permitted by local ordinance. Widths of town roads platted after January 1, 1966, shall, however, comply with minimum standards for town roads prescribed by s. 86.26
. Streets or frontage roads auxiliary to and located on the side of a full street for service to the abutting property may not after January 1, 1966, be less than 49.5 feet wide.
(3) Lake and stream shore plats.
All subdivisions abutting on a navigable lake or stream shall provide public access at least 60 feet wide providing access to the low watermark so that there will be public access, which is connected to existing public roads, at not more than one-half mile intervals as measured along the lake or stream shore except where greater intervals and wider access is agreed upon by the department of natural resources and the department, and excluding shore areas where public parks or open-space streets or roads on either side of a stream are provided. No public access established under this chapter may be vacated except by circuit court action. This subsection does not require any local unit of government to improve land provided for public access.
(4) Lake and stream shore plats.
The lands lying between the meander line, established in accordance with s. 236.20 (2) (g)
, and the water's edge, and any otherwise unplattable lands which lie between a proposed subdivision and the water's edge shall be included as part of lots, outlots or public dedications in any plat abutting a lake or stream. This subsection applies not only to lands proposed to be subdivided but also to all lands under option to the subdivider or in which the subdivider holds any interest and which are contiguous to the lands proposed to be subdivided and which abut a lake or stream.
Each of 2 adjacent platted lots may not be divided for the purpose of sale or building development if such division will result in lots or parcels which do not comply with minimum lot width and area requirements established under (1). Section 236.335 discussed. 63 Atty. Gen. 122.
Sub. (3) does not apply to navigable lakes created by artificially enlarging a previously nonnavigable watercourse. 64 Atty. Gen. 146.
The extent to which local governments may vary the terms of 236.16 (1) and (2) and 236.20 (4) (d) by ordinance, discussed. 64 Atty. Gen. 175.
Sub. (4) aims at preventing subdividers from creating narrow, unplatted buffer zones between platted lands and water's edge, thus avoiding public access requirement. 66 Atty. Gen. 85.
Wisconsin coordinate system. 236.18(1)(a)(a)
No plat that is referenced to a Wisconsin coordinate system under sub. (2)
may be recorded unless it is based on a datum that the approving authority under s. 236.10
of the jurisdiction in which the land is located has selected by ordinance.
An approving authority under s. 236.10
may select a Wisconsin coordinate system under sub. (2)
. If it does so, it shall notify the department, on a form provided by the department, of the selection.
An approving authority may, by ordinance, select a different Wisconsin coordinate system under sub. (2)
than the one previously selected under par. (b)
. If it does so, the approving authority shall notify the department on a form provided by the department.
(2) Allowable systems.
An approving authority under s. 236.10
may select any one of the following systems:
The Wisconsin coordinate system of 1927, which is based on the North American datum of 1927.
The Wisconsin coordinate system of 1983 (1986), which is based on the North American datum of 1983 (adjustment of 1986).
The Wisconsin coordinate system of 1983 (1991), which is based on the North American datum of 1983 (adjustment of 1991).
Each of the systems under sub. (2)
includes the following zones:
A north zone composed of the following counties: Ashland, Bayfield, Burnett, Douglas, Florence, Forest, Iron, Oneida, Price, Sawyer, Vilas and Washburn.
A central zone composed of the following counties: Barron, Brown, Buffalo, Chippewa, Clark, Door, Dunn, Eau Claire, Jackson, Kewaunee, Langlade, Lincoln, Marathon, Marinette, Menominee, Oconto, Outagamie, Pepin, Pierce, Polk, Portage, Rusk, St. Croix, Shawano, Taylor, Trempealeau, Waupaca and Wood.
A south zone composed of the following counties: Adams, Calumet, Columbia, Crawford, Dane, Dodge, Fond du Lac, Grant, Green, Green Lake, Iowa, Jefferson, Juneau, Kenosha, La Crosse, Lafayette, Manitowoc, Marquette, Milwaukee, Monroe, Ozaukee, Racine, Richland, Rock, Sauk, Sheboygan, Vernon, Walworth, Washington, Waukesha, Waushara and Winnebago.
(4) Applicable definitions and survey connections. 236.18(4)(a)(a)
The following definitions apply to the systems under sub. (2)
For the Wisconsin coordinate system of 1927, the definitions provided by the national geodetic survey in U.S. coastal and geodetic survey special publication 235 (1974 edition).
For the Wisconsin coordinate system of 1983 (1986) and the Wisconsin coordinate system of 1983 (1991), the definitions provided by the national geodetic survey in the national oceanic and atmospheric administration manual national ocean service, national geodetic survey 5 (1989 edition).
Existing positions of the systems under sub. (2)
that are marked on the ground by monuments established in conformity with standards adopted by the national geodetic survey for 3rd-order work and above and the geodetic positions of which have been rigidly adjusted on the North American datum of 1927, the North American datum of 1983 (adjustment of 1986), the North American datum of 1983 (adjustment of 1991) or any later adjustment of the North American datum of 1983 may be used to establish a survey connection to the systems under sub. (2)
(5) Overlapping land.
If portions of any tract of land that is to be defined by one description in a plat are in different zones under sub. (3)
, the positions of all of the points on its boundaries may be referred to either of the zones but the zone to which those positions are referred and the system under sub. (2)
that is used shall be named in the description and noted on the face of all maps and plats of the land.
The plane coordinates of a point that are to be used to express the position or location of a point shall consist of 2 distances that are expressed in U.S. survey feet or meters and decimals of those feet or meters. The definitions of survey foot and meter in letter circular 1071 July 1976 national institute of standards and technology shall be used for conversion between feet and meters.
For the Wisconsin coordinate system of 1927, the distances under par. (a)
are the x-coordinate, which shall give the position in an east-and-west direction, and the y-coordinate, which shall give the position in a north-and-south direction.
For the Wisconsin coordinate system of 1983 (1986) and the Wisconsin coordinate system of 1983 (1991), the distances are the northing, which shall give the position in a north-and-south direction and the easting, which shall give the position in an east-and-west direction.
Coordinates in all of the systems under sub. (2)
shall depend upon and conform to the plane rectangular coordinate values for the monumented points of the national geodetic reference system horizontal control network that are published by the national geodetic survey or by that agency's successor if those values have been computed on the basis of a system under sub. (2)
(7) Use of term restricted.
No person may use the term "Wisconsin coordinate system" on any map, report of a survey or other document unless the coordinates on the document are based on a system under sub. (2)
Any person who prepares a plat under this section shall designate on that plat which of the systems under sub. (2)
and which of the zones under sub. (3)
that person has referenced.
(9) Multiple descriptions.
If a document describes a tract of land by means of the coordinates of a system under sub. (2)
and by means of a reference to a subdivision, line or corner of the U.S. public land surveys, the description by means of coordinates supplements and is subordinate to the other description.
(10) Right of lenders and purchasers.
A lender or purchaser may require a borrower or seller to provide the description required under s. 236.20
History: 1979 c. 248
, 25 (1)
; 1993 a. 16
FINAL PLAT AND DATA
A final plat of subdivided land shall comply with the following requirements:
(1) General requirements.
All plats shall be legibly prepared in the following manner:
With a binding margin 1 1/2 inches wide on the left side, and a one-inch margin on all other sides. A graphic scale of not more than 100 feet to one inch shall be shown on each sheet showing layout features. When more than one sheet is used for any plat, each sheet shall be numbered consecutively and shall contain a notation giving the total number of sheets in the plat and showing the relation of that sheet to the other sheets and each sheet shall bear the subdivision and county name.
For processing under s. 236.12 (6)
the original shall be on muslin-backed white paper 22 inches wide by 30 inches long prepared with nonfading black image. These sheets may be provided by the county through the register of deeds on such terms as the county board determines.
For processing under s. 236.12 (2)
, the original copy of the final plat may be of any size and on any material that is capable of clearly legible reproduction.
(2) Map and engineering information.
The final plat shall show correctly on its face:
The exterior boundaries of the land surveyed and divided.
All monuments erected, corners and other points established in the field in their proper places. The material of which the monuments, corners or other points are made shall be noted at the representation thereof or by legend, except lot, outlot and meander corners need not be shown. The legend for metal monuments shall indicate the kind of metal, the diameter, length and weight per lineal foot of the monuments.