Amendment ASA1-AB809

LRBs0616/1

PJK:jlg:lp

1997 - 1998 LEGISLATURE

ASSEMBLY SUBSTITUTE AMENDMENT 1, TO 1997 ASSEMBLY BILL 809

March 18, 1998 - Offered by Committee on Rural Affairs.

AB809-ASA1,1,4 An Act to renumber and amend 236.13 (1) (c); to amend 236.11 (1) (b), 236.13 (1) (intro.), 236.13 (1) (a), 236.13 (1) (b), 236.13 (1) (d) and 236.16 (2); and to create 236.13 (1) (c) 1., 236.13 (1) (c) 2., 236.13 (1) (c) 3., 236.13 (1) (cm) and 236.13 (2) (e) of the statutes; relating to: requirements for plat approval.

The people of the state of Wisconsin, represented in senate and assembly, do enact as follows:

AB809-ASA1, s. 1 Section 1. 236.11 (1) (b) of the statutes is amended to read:

AB809-ASA1,1,12 236.11 (1) (b) If the final plat conforms substantially to the preliminary plat as approved, including any conditions of that approval, and to local plans resolutions and ordinances adopted as authorized by law, it is entitled to approval. If the final plat is not submitted within 6 months of the last required approval of the preliminary plat, any approving authority may refuse to approve the final plat. The final plat may, if permitted by the approving authority, constitute only that portion of the approved preliminary plat which the subdivider proposes to record at that time.

AB809-ASA1, s. 2 Section 2. 236.13 (1) (intro.) of the statutes is amended to read:

AB809-ASA1,2,3 236.13 (1) (intro.)  Approval of the preliminary or final plat shall be conditioned upon compliance with all of the following:

AB809-ASA1, s. 3 Section 3. 236.13 (1) (a) of the statutes is amended to read:

AB809-ASA1,2,5 236.13 (1) (a) The provisions of this chapter;.

AB809-ASA1, s. 4 Section 4. 236.13 (1) (b) of the statutes is amended to read:

AB809-ASA1,2,7 236.13 (1) (b) Any municipal, town or county ordinance ;.

AB809-ASA1, s. 5 Section 5. 236.13 (1) (c) of the statutes is renumbered 236.13 (1) (c) (intro.) and amended to read:

AB809-ASA1,2,12 236.13 (1) (c) (intro.) Any local master plan which is consistent with any plan adopted under s. 236.46 or official map adopted under s. 62.23; that satisfies all of the following:

AB809-ASA1, s. 6 Section 6. 236.13 (1) (c) 1. of the statutes is created to read:

AB809-ASA1,2,15 236.13 (1) (c) 1. Was adopted by the governing body of the municipality, town or county that directed the preparation of the local master plan.

AB809-ASA1, s. 7 Section 7. 236.13 (1) (c) 2. of the statutes is created to read:

AB809-ASA1,2,18 236.13 (1) (c) 2. Is consistent with any plan adopted under s. 236.46 by the county board or with any official map adopted under s. 62.23.

AB809-ASA1, s. 8 Section 8. 236.13 (1) (c) 3. of the statutes is created to read:

AB809-ASA1,2,21 236.13 (1) (c) 3. Is consistent with any zoning ordinance adopted under s. 59.69, 60.61 or 62.23.

AB809-ASA1, s. 9 Section 9. 236.13 (1) (cm) of the statutes is created to read:

AB809-ASA1,2,24 236.13 (1) (cm) Any plan adopted under s. 236.46 by the county board or any official map adopted under s. 62.23.

AB809-ASA1, s. 10 Section 10. 236.13 (1) (d) of the statutes, as affected by 1997 Wisconsin Act 27, is amended to read:

AB809-ASA1,3,5 236.13 (1) (d) The rules of the department of commerce 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;.

AB809-ASA1, s. 11 Section 11. 236.13 (2) (e) of the statutes is created to read:

AB809-ASA1,3,9 236.13 (2) (e) A county, town, city or village may not condition approval on compliance with a plan prepared by a regional planning commission unless the county, town, city or village has adopted the plan under s. 66.945 (12 ) (a).

AB809-ASA1, s. 12 Section 12. 236.16 (2) of the statutes is amended to read:

AB809-ASA1,3,19 236.16 (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 by local ordinance or, if no local ordinance specifies the street width, as specified on the official map, if any, 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.

AB809-ASA1, s. 13 Section 13. Initial applicability.

AB809-ASA1,3,25 (1) Approval of plats. The treatment of sections 236.11 (1) (b) and 236.13 (1) (intro.), (a), (b), (cm) and (d) and (2) (e) of the statutes, the renumbering and amendment of section 236.13 (1) (c) of the statutes and the creation of section 236.13 (1) (c) 1., 2. and 3. of the statutes first apply to plats submitted for preliminary or final approval on the effective date of this subsection.

AB809-ASA1,4,3 (2) Street widths. The treatment of section 236.16 (2) of the statutes first applies to subdivisions for which plats are submitted for preliminary or final approval on the effective date of this subsection.

AB809-ASA1,4,4 (End)