#2 Public hearing and action to change time limit requirements for plats (File Ord. #2011-474)
Community Development Department Memorandum
Date: February 28, 2011
TO: Janesville City Council
FROM: Brad Schmidt, AICP, Associate Planner
SUBJECT: Second reading and public hearing on a proposed ordinance amending
the City of Janesville Subdivision Ordinance to change time limit
requirements for Plats (File Ordinance No. 2011-474)
SUMMARY
The Community Development Department has prepared attached Ordinance No. 2011-
474 which amends Section 17.60.040 of the Code of General Ordinance. Currently, the
Plan Commission may refuse to approve a final plat if it is not submitted within six (6)
months of the approval of the preliminary plat. However, state statutes were recently
amended to increase the submittal time for a final plat from six (6) months to thirty-six
(36) months. The proposed ordinance amendment will make this section of the City
Code consistent with State law. Other changes to the state statutes regarding submittal
times for subdivision plats do not impact the City’s Subdivision Ordinance.
DEPARTMENT RECOMMENDATION
The Plan Commission and Community Development Department recommend that
following a public hearing, the City Council support a motion to adopt Ordinance No.
2011-474 amending Section 17.60.040 of the Code of General Ordinances.
CITY MANAGER RECOMMENDATION
The City Manager defers to the Plan Commission and Community Development
Department recommendation.
SUGGESTED MOTION
A motion to adopt Ordinance No. 2011-474 amending the City’s Subdivision Ordinance
with regard to changes to Chapter 26 of Wisconsin Statutes relating to the extent of time
limits for plat submissions as set forth in the Janesville Code of General Ordinances
Chapter 17.
ANALYSIS
A. The Subdivision Ordinance currently sets a submittal time of six (6) months for
final plat approval subsequent to preliminary plat approval. The submittal time
has been changed to thirty-six (36) months.
B. The state statute change also specifies the submittal time for the recording of
final plats. Under State law, a final plat must be recorded within twelve (12)
months (previously six (6) months) of the last plat approval and within thirty-six
(36) months (previously twenty-four (24) months) after the first plat. The City’s
Subdivision Ordinance does not set submittal times for final plat recordings.
C. This amendment will not impact any preliminary or final plats since the City is not
currently processing any plats.
PLAN COMMISSION ACTION – 21 FEBRUARY 2011
Brad Schmidt, Associate Planner, presented the written staff report.
The public hearing was opened and no one appeared to speak on this item.
Chairperson Zolidis asked what the reasoning was behind this ordinance change and
Schmidt answered that it was to make the City’s ordinance consistent with recently
updated State Statutes.
There was a motion by Commissioner Werner with a second by Commissioner Adams
to forward this item to the City Council with a favorable recommendation.
The motion carried on a 6-0-0 vote.
FISCAL IMPACT
The proposed amendment to the Subdivision ordinance is not expected to have any
negative impact to the City.
The reason for this amendment is to comply with a change in State statutes in regards
to time requirements for plats.
cc: Eric Levitt
Jay Winzenz
Duane Cherek
ORDINANCE NO. 2011-474
An ordinance amending the City’s Subdivision Ordinance with regard to changes to Chapter 26
of Wisconsin Statutes relating to the extent of time limits for plat submissions as set forth in JGO
Chapter 17, with penalties for violations thereof as set forth as applicable in JGO 17.56.010.
THE COMMON COUNCIL OF THE CITY OF JANESVILLE DO ORDAIN AS FOLLOWS:
SECTION I.
Section 17.16.040 of the Code of General Ordinances of the City of Janesville is
hereby amended to read as follows:
17.16.040 Final plat--Copies and filing fee submitted to City Planner--Review
procedure
. Thirteen copies of the final plat and master site grading and drainage plan
including the required filing fee shall be submitted to the City Planner at least twelve
days before the final plat is scheduled to be reviewed by the City Plan Commission.
The applicant shall also submit a copy of the final plat in digital format satisfactory to the
City Engineer. If the final plat is not submitted within six thirty-six months of the last
approval of the preliminary plat, the Plan Commission may refuse to approve the final
plat.
SECTION II.
This ordinance shall take effect immediately upon adoption by the Common
Council, the public health, welfare, peace, tranquility, good order, public benefit, and police
power so requiring.
ADOPTED: Motion by:
Second by:
APPROVED:
Councilmember Aye Nay Absent
Pass
Brunner
McDonald
Eric J. Levitt, City Manager
Perrotto
Rashkin
ATTEST:
Steeber
Truman
Voskuil
Jean Ann Wulf, City Clerk-Treasurer
APPROVED AS TO FORM:
______________________________
Wald Klimczyk, City Attorney
Proposed by: Community Development Department
Prepared by: Community Development Department
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