AB663: Bill Text

LRB-3957/1

PJK:sac:jm

2013 - 2014 LEGISLATURE

2013 Assembly BILL 663

January 24, 2014 - Introduced by Representatives Hutton, Tittl, Kulp, Kahl, Strachota, Steineke and Kapenga, cosponsored by Senators Lasee, Gudex, Carpenter and Olsen. Referred to Committee on Housing and Real Estate.

AB663,1,7 An Act to renumber 236.02 (12) (b) and 236.34 (1) (a) to (f); to renumber and amend 236.02 (12) (intro.), 236.02 (12) (a) and 236.34 (1) (intro.); to amend 77.25 (2r), 236.03 (1), 236.31 (2), 236.34 (2) (a) and 236.34 (2) (b) 2.; to repeal and recreate 236.34 (1) (title); and to create 236.02 (12) (bm) and 236.34 (1) (ar) of the statutes; relating to: authorizing ordinances and resolutions that specify a greater number of parcels into which certified survey maps may divide land.

Analysis by the Legislative Reference Bureau

Under current law, a subdivision is a division of a lot, parcel, or tract of land that creates five or more parcels or building sites of one and one-half acres each or less, and includes such a division if it occurs by successive divisions within five years. Current law provides that a certified survey map may be used to change the boundaries of lots and outlots within a recorded plat (the map of a subdivision), a recorded assessor's plat, or a recorded certified survey map if the reconfiguration does not result in a subdivision. Under current law, a certified survey map of not more than four parcels of land may be recorded in the office of the register of deeds of the county where the land is located.

This bill authorizes an incorporated city or village (municipality), town, or county that has established a planning agency to enact an ordinance or adopt a resolution that allows a certified survey map to divide land located in the municipality, town, or county into more than four parcels (certified survey map ordinance or resolution) without the division being a subdivision and, therefore, without all of the attendant requirements that apply to subdivisions. The certified survey map ordinance or resolution must specify the maximum number of parcels that land may be divided into by a certified survey map. Before enacting or adopting a certified survey map ordinance or resolution, the governing body of the municipality, town, or county must get the recommendation of its planning agency and hold a public hearing.

The bill provides that a municipality may enact or adopt a certified survey map ordinance or resolution that affects land in its extraterritorial plat approval jurisdiction if it has the authority to approve or object to plats within that area. Extraterritorial plat approval jurisdiction is defined in current law as land in the unincorporated area within three miles of the corporate limits of a first, second, or third class city, or within one and one-half miles of a fourth class city or village. Under the bill, if more than one governing body has authority to enact or adopt a certified survey map ordinance or resolution that affects the same land, which could occur if a municipality enacts or adopts a certified survey map ordinance or resolution affecting land in its extraterritorial plat approval jurisdiction, and the certified survey map ordinances or resolutions have conflicting provisions, any certified survey map that affects that land must comply with the most restrictive provisions.

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

AB663,1 Section 1. 77.25 (2r) of the statutes is amended to read:

AB663,2,4 77.25 (2r) Under s. 236.29 (1) or (2) or 236.34 (1) (1m) (e) or for the purpose of a road, street, or highway, to the United States or to this state or to any instrumentality, agency, or subdivision of either.

AB663,2 Section 2. 236.02 (12) (intro.) of the statutes is renumbered 236.02 (12) (am) (intro.) and amended to read:

AB663,2,10 236.02 (12) (am) (intro.) "Subdivision" is Except as provided in par. (bm), "subdivision" means a division of a lot, parcel, or tract of land by the owner thereof or the owner's agent for the purpose of sale or of building development , where and to which any of the following applies:

AB663,3 Section 3. 236.02 (12) (a) of the statutes is renumbered 236.02 (12) (am) 1. and amended to read:

AB663,3,4 236.02 (12) (am) 1. The act of division creates 5 or more parcels or building sites of 1 1/2 acres each or less in area; or.

AB663,4 Section 4. 236.02 (12) (b) of the statutes is renumbered 236.02 (12) (am) 2.

AB663,5 Section 5. 236.02 (12) (bm) of the statutes is created to read:

AB663,3,10 236.02 (12) (bm) "Subdivision" does not include a division of land by certified survey map under s. 236.34, regardless of the number of parcels or building sites created by the division, the size of the parcels or building sites, or the length of time over which the division occurs.

AB663,6 Section 6. 236.03 (1) of the statutes is amended to read:

AB663,3,16 236.03 (1) Any division of land which that results in a subdivision as defined in s. 236.02 (12) (a) (am) 1. shall be, and any other division may be, surveyed and a plat thereof approved and recorded as required by this chapter. No map or survey purporting to create divisions of land or intending to clarify metes and bounds descriptions may be recorded except as provided by this chapter.

AB663,7 Section 7. 236.31 (2) of the statutes is amended to read:

AB663,3,24 236.31 (2) Any municipality, town, county, or state agency with subdivision review authority may institute injunction or other appropriate action or proceeding to enjoin a violation of any provision of this chapter, an ordinance, or a rule adopted pursuant to under this chapter. Any such municipality, town, or county may impose a forfeiture for violation of any such ordinance, and order an assessor's plat to be made under s. 70.27 at the expense of the subdivider or the subdivider's agent when a subdivision is created under s. 236.02 (12) (b) (am) 2. by successive divisions.

AB663,8 Section 8. 236.34 (1) (title) of the statutes is repealed and recreated to read:

AB663,4,1 236.34 (1) (title) Description and uses.

AB663,9 Section 9. 236.34 (1) (intro.) of the statutes is renumbered 236.34 (1) (am) and amended to read:

AB663,4,7 236.34 (1) (am) A certified survey map of not more than 4 parcels of land, or such greater maximum number specified by an ordinance enacted or resolution adopted under par. (ar) 1., consisting of lots or outlots may be recorded in the office of the register of deeds of the county in which the land is situated.

AB663,4,11 (bm) A certified survey map may be used to change the boundaries of lots and outlots within a recorded plat, recorded assessor's plat under s. 70.27, or recorded, certified survey map if the reconfiguration does not result in a subdivision or violate a local subdivision regulation ordinance.

AB663,4,14 (cm) A certified survey map may not alter areas previously dedicated to the public or a restriction placed on the platted land by covenant, by grant of an easement, or by any other manner.

AB663,4,23 (dm) A certified survey map that crosses the exterior boundary of a recorded plat or assessor's plat shall apply to the reconfiguration of fewer than 5 parcels not more than 4 parcels, or such greater maximum number specified by an ordinance enacted or resolution adopted under par. (ar) 1., by a single owner, or if no additional parcels are created. Such a certified survey map must be approved in the same manner as a final plat of a subdivision must be approved under s. 236.10, must be monumented in accordance with s. 236.15 (1), and shall contain owners' and mortgagees' certificates that are in substantially the same form as required under s. 236.21 (2) (a).

AB663,4,24 (1m) Preparation. A certified survey must meet the following requirements:

AB663,10 Section 10. 236.34 (1) (a) to (f) of the statutes are renumbered 236.34 (1m) (a) to (f).

AB663,11 Section 11. 236.34 (1) (ar) of the statutes is created to read:

AB663,5,8 236.34 (1) (ar) 1. Notwithstanding s. 236.45 (2) (ac) and (am), a municipality, town, or county that has established a planning agency may enact an ordinance or adopt a resolution that specifies a maximum number of parcels into which land situated in the municipality, town, or county may be divided by certified survey map that is greater than 4.

AB663,5,14 2. Before the enactment of an ordinance or the adoption of a resolution under subd. 1., the governing body of the municipality, town, or county shall receive the recommendation of its planning agency and shall hold a public hearing on the ordinance or resolution. Notice of the hearing shall be given by publication of a class 2 notice, under ch. 985. Any ordinance enacted or resolution adopted shall be published in a form suitable for public distribution.

AB663,5,20 3. Notwithstanding subd. 1., an ordinance enacted or resolution adopted under subd. 1. by a municipality may specify the number of parcels into which land within the extraterritorial plat approval jurisdiction of the municipality, as well as land within the corporate limits of the municipality, may be divided by certified survey map if the municipality has the right to approve or object to plats within that area under s. 236.10 (1) (b) 2. and (2).

AB663,5,24 4. If more than one governing body has authority to enact an ordinance or adopt a resolution under subd. 1. with respect to the same land and those governing bodies enact ordinances or adopt resolutions with conflicting provisions, any certified survey map affecting that land must comply with the most restrictive provisions.

AB663,12 Section 12. 236.34 (2) (a) of the statutes is amended to read:

AB663,6,4 236.34 (2) (a) Certified survey maps prepared in accordance with sub. subs. (1) and (1m) shall be numbered consecutively by the register of deeds and shall be recorded in a bound volume to be kept in the register of deeds' office, known as the "Certified Survey Maps of .... County".

AB663,13 Section 13. 236.34 (2) (b) 2. of the statutes is amended to read:

AB663,6,7 236.34 (2) (b) 2. The certified survey map shows on its face all of the certificates and affidavits required under sub. subs. (1) and (1m).

AB663,6,8 (End)