Hello Plat Review, I have a question.

Transcription

1 Hello Plat Review, I have a question. January 24, Surveyors' Institute 1 When do I have to do a subdivision plat? January 24, Surveyors' Institute (12) Definitions. Requires a subdivision plat when: The act of division creates 5 or more parcels or building sites of 1 1/2 acres each or less in area. Five or more parcels or building sites of 1 1/2 acres each or less in area are created by successive divisions within a period of 5 years. January 24, Surveyors' Institute Surveyors' Institute 1

2 Local subdivision regulation. Enables local ordinances to specify when a subdivision plat is required. The ordinance is more restrictive than the state statute. Shall contain all of the provisions of Ch. 236 May provide other surveying, monumenting, mapping and approving requirements The ordinance may not have more restrictive time limits, deadlines, notice requirements, or other provisions of this chapter that provide protections for a subdivider January 24, Surveyors' Institute 4 When do I have to do a Certified Survey Map? January 24, Surveyors' Institute 5 Short answer is Check the local ordinance Local subdivision regulation. Enables local ordinances to specify when a CSM is required. Local units of government may enact ordinances governing the subdivision or other division of land. An ordinance adopted by a city or village may regulate the division or subdivision of land within their extraterritorial plat approval jurisdiction. January 24, Surveyors' Institute Surveyors' Institute 2

3 It s been so long since I dedicated a street on a CSM that I forgot the particulars. Could you take a look at the attachment and let me know if I m showing everything correctly? January 24, Surveyors' Institute 7 Short answer is Absolutely (1m)(e) A certified survey map may be used for dedication of streets and other public areas, and for granting easements.. marked or noted on the map when: Include Owners Certificates and Mortgagees Certificates The city council or village or town board have approved such dedication or grant. Approval and recording of such certified surveys shall have the force and effect provided by s January 24, Surveyors' Institute 8 This is a plat from 1979 that doesn t label the roads within it s boundaries as Dedicated to the Public. Were they dedicated even though they don t comply with s (4) (b)? January 24, Surveyors' Institute Surveyors' Institute 3

4 Short answer is Yes. Prior to August of 2014: (4)(b) required All lands dedicated to public use except roads and streets shall be clearly marked Dedicated to the Public. All roads or streets not dedicated to the public must be clearly marked Private Road or Private Street or Way. January 24, Surveyors' Institute 10 After August of 2014: (4)(b) requires All lands dedicated to public use shall be clearly marked Dedicated to the Public. All roads or streets not dedicated to the public must be clearly marked Private Road or Private Street or Way. January 24, Surveyors' Institute 11 I have a question regarding the possible vacation of a road located within a CSM. If vacated, does the whole road go to the Lots, or does the north half of it go to the unplatted lands to the North? January 24, Surveyors' Institute Surveyors' Institute 4

5 A subdivision plat (or CSM) creates lots/outlots and dedicates right of way from the land included within the plat or CSM. s , Descriptions of lots in recorded plat s , Dedications When right of way created within the map or plat is discontinued, it reverts to the lots/outlots within that map or plat. If the entire discontinued right of way falls within the boundary of the map or plat, it reverts entirely to the lots within the map or plat. January 24, Surveyors' Institute (1) Reversion of title. When any highway or public ground acquired or held for highway purposes is discontinued,..the highway or public ground is located between the lands of different owners, it shall be annexed to the lots to which it originally belonged if that can be ascertained January 24, Surveyors' Institute Description of lots in recorded plat. Any conveyance containing such a description shall be construed to convey to the grantee all portions of vacated streets and alleys abutting such lots and belonging to the grantor. January 24, Surveyors' Institute Surveyors' Institute 5

6 Do you require a legend for all symbols and abbreviations used on a subdivision plat? January 24, Surveyors' Institute 16 Short answer is No (2) (b) All monuments erected, corners, and other points established in the field in their proper places. The material of which the monuments.shall be noted at the representation thereof or by legend.. The legend for metal monuments shall indicate the kind of metal, the outside diameter, length, and weight per lineal foot of the monuments. January 24, Surveyors' Institute 17 A E 7.05 (4) Describe all monuments used for determining the location of the parcel boundary and show by bearing and distance their relationship to the surveyed parcel. All monuments shall be indicated by whether such monuments were found or set including a description of the monument with a legend for all symbols and abbreviations used on the map. January 24, Surveyors' Institute Surveyors' Institute 6

7 Property is being purchased. The seller has informed the buyer that the property has been platted. It s been 4 1/2 years since the preliminary plat was approved. No final plat was prepared. What are our options? January 24, Surveyors' Institute 19 Preliminary plats are required by local ordinance, not state statute. Final plats submitted within 36 months after last required preliminary approval, the final plat is entitled to be approved. Final plats submitted after 36 months, local units of government may accept the plat or they may reject it. January 24, Surveyors' Institute (1) (b) If the final plat conforms substantially to the preliminary plat as approved..it is entitled to approval. If the final plat is not submitted within 36 months after the last required approval., any approving authority may refuse to approve the final plat or may extend the time for submission of the final plat. January 24, Surveyors' Institute Surveyors' Institute 7

8 Does a platted private road follow the same discontinuance process as a public road? January 24, Surveyors' Institute 22 Short answer is NO. Things to consider: Verify that it s private and that it wasn t deeded to the local unit of government. Who s been maintaining it and for how long? Are there easement interests held by other over the private road? January 24, Surveyors' Institute 23 The review of my plat seems to be a moving target. Is there anything I can do? January 24, Surveyors' Institute Surveyors' Institute 8

9 Short answer is Yes. Review time limits and automatic approval per s Basis for approval as outlined in s Objection to a plat or failure to approve a plat may be appealed per s (7) (e) 10., 14. and 15. January 24, Surveyors' Institute 25 Review time limits (approving): Preliminary plats must be reviewed within 90 days by local units of government. Final plats must be reviewed within 60 days by local units of government. January 24, Surveyors' Institute 26 Review time limits (objecting): Preliminary and final plats must be reviewed by a County Planning Agency and DOT within 20 days. Preliminary and final plats must be reviewed by a DOA within 30 days. January 24, Surveyors' Institute Surveyors' Institute 9

10 Review time limits: Time limits may be extend by mutual agreement. Failure to act on a plat within the review time limit means the plat is deemed approved or automatically certified. January 24, Surveyors' Institute 28 Basis for approval: Approval of the preliminary or final plat shall be conditioned upon compliance with: Ch. 236, Wis. Stats. A local ordinance that is in effect when the plat is submitted. Rules of the Dept. of Safety and Professional Services. Rules of the Dept. of Transportation. January 24, Surveyors' Institute 29 Basis for approval: (3) 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. January 24, Surveyors' Institute Surveyors' Institute 10

11 Basis for approval: (4) 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. January 24, Surveyors' Institute 31 Basis for approval: (5) Any person aggrieved by an objection to a plat or a failure to approve a plat may appeal therefrom as provided in s (7) (e) 10., 14. and 15., within 30 days of notification of the rejection of the plat. 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. January 24, Surveyors' Institute 32 I have been asked to reconfigure some parcels and we are trying to determine what needs to be done, if anything, with the road reservation as it could impact the proposed building area? January 24, Surveyors' Institute Surveyors' Institute 11

12 Restrictions for public benefit. Any restriction placed on platted land by covenant, grant of easement or in any other manner.. vests in the public body or public utility the right to enforce the restriction at law January 24, Surveyors' Institute or in equity against anyone who has or acquires an interest in the land subject to the restriction. The restriction may be released or waived in writing by the public body or public utility having the right of enforcement. January 24, Surveyors' Institute 35 Can a written release and a correction instrument be combined into a single document? January 24, Surveyors' Institute Surveyors' Institute 12

13 Short answer is Yes Restrictions for public benefit. Any restriction placed on platted land by covenant, grant of easement or in any other manner.. The restriction may be released or waived in writing by the public body or public utility having the right of enforcement. January 24, Surveyors' Institute Correction instruments. Must be prepared by a professional land surveyor per s Correct distances, angles, directions, bearings, chords, block or lot numbers, street names, or other details shown on a recorded plat or certified survey map. A correction instrument may not be used to reconfigure lots or outlots. January 24, Surveyors' Institute Correction instruments. Ratifications of a recorded plat or certified survey map signed and acknowledged in accordance with s Certificates of owners and mortgagees of record at time of recording. changes to areas dedicated to the public or restrictions for the public benefit must be approved by the local unit of government prior to recording. January 24, Surveyors' Institute Surveyors' Institute 13

14 I will be creating a 30 acre and a 1 acre parcel from the 107+/ acre parent parcel. Do I need to include the entire parent parcel in the CSM? I could not find anything in the statutes. January 24, Surveyors' Institute 40 Short answer is Check the local ordinance. Ch. 236 does not specify when a CSM must be prepared, but a local ordinance often does Certified Survey Map Required. Land divisions, which create at least one (1) but not more than three (3) parcels or building sites of less than 35 acres each in size Land Remnants. All remnants from land divisions which are less than five (5) acres in size must be include in the CSM. January 24, Surveyors' Institute 41 I am preparing a condominium plat. We have two commercial units that are identified as Unit C1 and Unit C2. Are the alpha designations allowed? January 24, Surveyors' Institute Surveyors' Institute 14

15 Short answer is No. s (3) Designation of units. Every unit shall be designated on the condominium plat by the unit number. Unit numbers may not contain more than 8 numerals and must be unique throughout the condominium. January 24, Surveyors' Institute 43 s Description of units. A description in any deed or other instrument affecting title to any unit which makes reference to the letter or number or other appropriate designation on the condominium plat together with a reference to the condominium instruments shall be a good and sufficient description for all purposes. January 24, Surveyors' Institute 44 I was wondering if you could re print Sheet 2 for me? The owner s name has changed and there is no longer a mortgage certificate. January 24, Surveyors' Institute Surveyors' Institute 15

16 Short answer is Yes. January 24, Surveyors' Institute 46 Does an Outlot designation prevent its sale and/or use as a buildable parcel? January 24, Surveyors' Institute 47 Short answer is Maybe. An outlot" is a parcel of land, other than a lot or block, so designated on the plat (6) 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. January 24, Surveyors' Institute Surveyors' Institute 16

17 Things to consider: Why was the parcel created as an Outlot? Is it s use restricted? How does a local land division ordinance deal with outlots? January 24, Surveyors' Institute 49 Would you take a look at my proposed lot numbering before I submit my plat? January 24, Surveyors' Institute 50 Short answer is Yes. We are always willing to look at your plat before it s submitted and will answer any questions your have. January 24, Surveyors' Institute Surveyors' Institute 17

18 Do I always need to include a metes and bounds description in my Surveyor s Certificate? January 24, Surveyors' Institute 52 Short answer is No. If the land is shown in a recorded subdivision plat..or a recorded certified survey map that has previously been tied to the monumented line of a quarter section, government lot, recorded private claim, or federal reservation. The land shall be described by the subdivision name or certified survey map number and the description of the lot and block thereof. January 24, Surveyors' Institute 53 If not in a recorded plat or CSM, then by metes and bounds commencing with a monument at a section or quarter section corner of the quarter section containing the plat or CSM, but not the center of the section. January 24, Surveyors' Institute Surveyors' Institute 18

19 Will you look at my cemetery plat and who needs to review it locally? January 24, Surveyors' Institute 55 Short answer is Yes Municipal cemeteries. (town, village or city) (2) The governing body of every municipality acquiring a cemetery shall by ordinance determine the system of management and operation. Any municipality may proceed under s , or (7), or otherwise as provided by ordinance. January 24, Surveyors' Institute 56 I have a couple of questions regarding a local unit of government review of my CSM. Will you take a look at my map and their comments and give me a call? January 24, Surveyors' Institute Surveyors' Institute 19

20 Short answer is Yes, however January 24, Surveyors' Institute 58 My client would like to create lots on the remaining undeveloped land in their condominium, can I do this with a CSM? January 24, Surveyors' Institute 59 Short answer is Likely, Yes. Things to consider: Is it an expandable condominium per s ? If not, has the land been removed from the condominium form of ownership per s ? If so, what is the ownership status? January 24, Surveyors' Institute Surveyors' Institute 20

21 Expanding condominiums. A declarant may reserve the right to expand a condominium by subjecting additional property to the condominium declaration.provided: Establishing condo shall describe each parcel which may be added. Show the maximum number of units added and the percent interest in common elements and number of votes per unit. Property must be added within 10 years. January 24, Surveyors' Institute Removal from provisions of this chapter (1m)(b) Before a certified survey map, condominium plat, subdivision plat or other plat may be recorded and filed for the same property, the condominium shall first be removed from the provisions of this chapter by recording a removal instrument. (2) Upon removal of any property from this chapter, the property shall be deemed to be owned in common by the unit owners January 24, Surveyors' Institute 62 A lot owner in a plat is violating a deed restriction. Other lot owners have requested that we, the Village, enforce the restriction. Can we? January 24, Surveyors' Institute Surveyors' Institute 21

22 Short answer is Likely not Restrictions for public benefit. Any restriction placed on platted land by covenant, grant of easement or in any other manner.. The restriction may be released or waived in writing by the public body or public utility having the right of enforcement. January 24, Surveyors' Institute 64 I had a condo declaration recorded without a condo plat. Can I recognize the condo without a plat? January 24, Surveyors' Institute 65 Short answer is No Establishment of condominium. (1) A condominium may only be created by recording condominium instruments with the register of deeds of the county where the property is located. A condominium declaration and plat shall be presented together to the register of deeds for recording. January 24, Surveyors' Institute Surveyors' Institute 22

23 The ALTA standards state the map should be filed if required by the state. AE 7 says a map needs to be filed for every boundary survey. Does this mean I need to file my ALTA survey? January 24, Surveyors' Institute 67 Short answer is Yes. My opinion is that when an ALTA survey is done, the requirements of AE 7 apply, therefore it should be filed. Points to consider.. January 24, Surveyors' Institute 68 Plat Review 101 East Wilson St. 9 th Floor PO Box 1645 Madison, WI plat.review@wi.gov (608) doa.wi.gov/platreview January 24, Surveyors' Institute Surveyors' Institute 23