LRB-3667/1
FFK:sac:rs
2013 - 2014 LEGISLATURE
February 28, 2014 - Introduced by Representative Steineke, cosponsored by
Senator Lasee. Referred to Committee on Energy and Utilities.
AB835,1,3 1An Act to renumber and amend 236.13 (2) (a); and to create 236.13 (2) (a) 2.
2of the statutes; relating to: limiting the security a town or municipality may
3require as a condition of plat approval.
Analysis by the Legislative Reference Bureau
Under current law, a county, town, city, or village (approving authority) has the
right to approve or object to plat. A plat is a map of a subdivision, which is defined
under current law as a division of a unit of land by an owner for the purpose of a sale
or development and the sale or development results in at least five individual parcels
or building sites. Generally, the location of the subdivision determines which
approving authority or authorities have the right to approve or reject the plat.
Under current law, as a condition of approval, an approving authority may
require a subdivider to execute a surety bond or provide other security to ensure that
certain public improvements are made in connection with a project or a phase of a
project. This bill explicitly allows the subdivider to choose whether to satisfy such a
requirement with a performance bond or a letter of credit. Additionally, under the
bill, upon substantial completion of required public improvements, an approving
authority may not require a subdivider to maintain security in an amount that is
more than the total cost to complete any public improvements that are not completed
plus ten percent of the total cost of the completed public improvement and may not
require the subdivider to maintain the security for more than 12 months from the
date the public improvements are substantially completed. The bill defines
substantial completion as when the binder coat is installed on roads to be dedicated

or, in a case where no roads are to be dedicated, when 90 percent of the public
improvements by cost are completed.
The people of the state of Wisconsin, represented in senate and assembly, do
enact as follows:
AB835,1 1Section 1. 236.13 (2) (a) of the statutes is renumbered 236.13 (2) (a) 1. and
2amended to read:
AB835,3,43 236.13 (2) (a) 1. As a further condition of approval, the governing body of the
4town or municipality within which the subdivision lies may require that the
5subdivider make and install any public improvements reasonably necessary or that
6the subdivider execute a surety bond or provide other security to ensure that he or
7she will make those improvements within a reasonable time. It is the subdivider's
8option whether to execute a performance bond or whether to provide a letter of credit
9to satisfy the governing body's requirement that the subdivider provide security to
10ensure that the public improvements are made within a reasonable time.
The
11subdivider may construct the project in such phases as the governing body approves,
12which approval may not be unreasonably withheld. If the subdivider's project will
13be constructed in phases, the amount of any surety bond or other security required
14by the governing body shall be limited to the phase of the project that is currently
15being constructed. The governing body may not require that the subdivider provide
16any security for improvements sooner than is reasonably necessary before the
17commencement of the installation of the improvements. If the governing body of the
18town or municipality requires a subdivider to provide security under this paragraph,
19the governing body may not require the subdivider to provide the security for more
20than 12 months after the date the public improvements for which the security is
21provided are substantially completed and upon substantial completion of the public

1improvements, the amount of the security the subdivider is required to provide may
2be no more than an amount equal to the total cost to complete any uncompleted
3public improvements plus 10 percent of the total cost of the completed public
4improvements.
AB835,2 5Section 2. 236.13 (2) (a) 2. of the statutes is created to read:
AB835,3,106 236.13 (2) (a) 2. For purposes of subd. 1., public improvements reasonably
7necessary for a project or a phase of a project are considered to be substantially
8completed at the time the binder coat is installed on roads to be dedicated or, if the
9required public improvements do not include a road to be dedicated, at the time that
1090 percent of the public improvements by cost are completed.
AB835,3 11Section 3. Initial applicability.
AB835,3,1312 (1) This act first applies to a preliminary plat or, if no preliminary plat is
13submitted, a final plat, that is submitted on the effective date of this subsection.
AB835,3,1414 (End)
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