Hello Plat Review, I have a question.

Transcription

1 Hello Plat Review, I have a question. January 23, Surveyors' Institute 1 1 A question came up at a town board meeting last night. I m doing 2 lots west of the road. Then I m doing 2, one lot CSMs east of the road and in the process I m creating a 35 acres parcel on the east side of the road. Would this require a plat? January 23, Surveyors' Institute 2 2 Short answer is No. Ch. 236, Wis. Stats requires a subdivision plat when: The act of division creates 5 or more parcels of 1 ½ acres each or less in size on contiguously owned land within a period of 5 years. Local units of government can have more restrictive requirements for when a subdivision plat must be prepared. January 23, Surveyors' Institute Surveyors' Institute 1

2 Considerations: Plan for future land divisions or future development. Need for public improvements. Access needs. Changes to local ordinances. January 23, Surveyors' Institute 4 4 Do I have to dedicate a public access on my plat? January 23, Surveyors' Institute 5 5 Short answer is Maybe. Ch. 236, Wis. Stats requires that subdivisions (not Assessor s Plats, CSMs or Condos) abutting a lake or navigable steams: Provide public access at least 60 feet wide every half mile as measured along the shore; Access must extend to the waters edge; and Greater intervals and wider access can be agreed upon by the department and the DNR. January 23, Surveyors' Institute Surveyors' Institute 2

3 Considerations: There must be an existing 60 public access within a half a mile from the farthest boundary of the plat, otherwise the plat must dedicate access which is held by the local unit of government. A public access must be connected to a public road. Public accesses do not need to be improved. Existing public accesses can be roads, parks or public forest land. Public accesses do not have to be accessible in fact. January 23, Surveyors' Institute 7 7 Does a road reservation constitute a dedication? If not, who owns the land labeled as road reservation? January 23, Surveyors' Institute 8 8 Short answer is No but. The road reservation has not been dedicated to the public, fee simple, as on a plat/csm. It is part of the parcel containing the reservation, and whoever owns the parcel owns the land labeled as road reservation. January 23, Surveyors' Institute Surveyors' Institute 3

4 Wis. Stat , Effect of reservation or exception in a conveyance. The reservation shall constitute a dedication for such purpose to the public body having jurisdiction of the highway. Any reservation shall not be effective until it is accepted by a resolution of the governing body have jurisdiction over such street/highway. January 23, Surveyors' Institute Is the Request of Land Subdivision Plat Review required to start the review of my plat? January 23, Surveyors' Institute Short answer is Yes. See copy of submittal form. January 23, Surveyors' Institute Surveyors' Institute 4

5 I encountered a condo in my county labeled as a twindo. Is the attached example allowed per Ch. 703 or Ch. 236? January 23, Surveyors' Institute Short answer is Yes if it truly is a condominium. Twindo is typically a twin home condominium. Must have units and common area. Condominium instruments must be recorded (declaration & plat). Must have Bylaws, Condo Association, and required financials per Ch January 23, Surveyors' Institute Considerations: Cutting corners on condo requirements per Ch Not a functioning condominium. Owners fail to understand what they purchased and how being a tenant in common can affect them. Difficulties removing them from the condominium form of ownership. January 23, Surveyors' Institute Surveyors' Institute 5

6 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 23, Surveyors' Institute 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 23, Surveyors' Institute 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 23, Surveyors' Institute Surveyors' Institute 6

7 I had a condo declaration recorded without a condo plat. Can I recognize the condo without a plat? January 23, Surveyors' Institute 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 23, Surveyors' Institute My client would like to create lots on the remaining undeveloped land in their condominium, can I do this with a CSM? January 23, Surveyors' Institute Surveyors' Institute 7

8 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 23, Surveyors' Institute 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 23, 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 23, Surveyors' Institute Surveyors' Institute 8

9 Is it codified in statutes or code that the county surveyor needs to do a Ch. 236 review of CSMs? January 23, Surveyors' Institute Short answer is No. When a CSM is required and who reviews them is determined by local land division ordinances. What is required to be shown on a CSM is determined by Ch , Wis. Stats. and local land division ordinances. January 23, Surveyors' Institute The city owns property that they wish to develop. They wish to create a couple of lots and create a road. Can they dedicate road right of way to themselves? January 23, Surveyors' Institute Surveyors' Institute 9

10 Short answer is Yes. Local units of government can develop property that they own. Plat and CSMs developed by local units of government comply with Ch. 236 like any other developer. Can dedicate right of way which is held in trust for the traveling public. Contain Corporate Owner s Certificates. January 23, Surveyors' Institute 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 23, Surveyors' Institute 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 23, Surveyors' Institute Surveyors' Institute 10

11 Can a CSM eliminate an Outlot on a prior CSM? January 23, Surveyors' Institute Short answer is No. The new CSM reconfigures the Outlot on the previous CSM. The outlot on the prior CSM remains in the chain of title. Previous Lots and Outlots shown on earlier CSMs can not be used in a conveyance per s (3), Wis. Stats. Easements and restrictions can not be eliminated by preparing and filing a new CSM. January 23, Surveyors' Institute I have a question regarding a CSM created per s (1) (ar) 1., Wis. Stats. Whose responsibility is it to submit the map to Plat Review? Are the maps certified like a final plat? January 23, Surveyors' Institute Surveyors' Institute 11

12 Expanded CSMs (s (1) (ar) 1., Wis. Stats. A local unit of government, that has a planning agency, may enact an ordinance or adopt a resolution that specifies the number of parcels, greater than 4, that can be done on a CSM. The land included within this type of CSM must be zoned commercial, industrial, multifamily per s (8m) or mixed use. Expanded CSMs may need to be reviewed by Plat Review and DOT. January 23, Surveyors' Institute Whose responsibility is it to submit the CSM for review? Ultimately, the surveyor. Are these CSM s certified like a final plat? No, not yet. We do ask that a note be added to the map say it was prepared under this specific statute and the map has be reviewed as required by state statute. January 23, Surveyors' Institute I have been asked to create a lot in a CSM, but the land that will be included in the lot falls in two different counties. Can I create the lot on one CSM? January 23, Surveyors' Institute Surveyors' Institute 12

13 Short answer is Yes. A lot can be created that falls within two Counties. The CSM must be recorded in each County. January 23, Surveyors' Institute Considerations: List the area of the lot in each County as well as the overall lot area. You may have a County Approval Certificate for each County. Verify that crossing the county line isn t prohibited by a local ordinance. January 23, Surveyors' Institute I have received a survey that has four lots, however they are separated by property owned by others. Is this allowed? January 23, Surveyors' Institute Surveyors' Institute 13

14 Short answer is Yes. Lots/Outlots being included in a CSM or plat do not have to be contiguous. A single metes and bounds description is prepared that goes along the same line and around the Lots/Outlots included in the CSM. See Example January 23, Surveyors' Institute Based upon CSMs I see recorded, there are surveyors that view this subsection as eliminating the need for metes and bounds descriptions. I thought every CSM needs a metes and bounds description and a tie the PLSS? January 23, Surveyors' Institute s (1m) (d) 2., Wis. Stats. A clear and concise description of the land surveyed. by GL, recorded private claim, 1/4 1/4 section, township, range and county Metes and bounds commencing at a 1/4 section that is not the center of section. January 23, Surveyors' Institute Surveyors' Institute 14

15 s (1m) (d) 2., Wis. Stats. if the land is in a recorded subdivision plat or recorded CSM that has previously been tied to the monumented line of the 1/4 section in which the land is located then the land shall be described by the subdivision name or CSM number and the description of the lot or block thereof. January 23, Surveyors' Institute s (3) (b), Wis. Stats. The location of the subdivision (CSM) shall be.. indicated by bearing and distance from a boundary line of GL monumented in the original survey, 1/4 section corner in which the plat (map) is located the monumentation at the ends of the boundary line shall be described and the bearing and distance between them shown. January 23, Surveyors' Institute We are working with a church to expand their cemetery. A plat of the cemetery can t be found. Are we required to do a cemetery plat? Can it be only the new addition area? Do we need to address the existing plots? January 23, Surveyors' Institute Surveyors' Institute 15

16 Are we required to do a cemetery plat? Short answer is No. A religious association or cemetery authority that is affiliated with a religious association is not required to prepare a plat per s , Wis. Stats. Although not required, a plat should be prepared. January 23, Surveyors' Institute Can it be only the new addition area? Short answer is Yes. Do we need to address the existing plots? Short answer is No. Preparing a plat showing the overall cemetery, with the more detailed layout of the new addition can be valuable to the church. January 23, Surveyors' Institute Will you look at my cemetery plat and who needs to review it locally? January 23, Surveyors' Institute Surveyors' Institute 16

17 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 23, Surveyors' Institute How can a plat be called as Assessor s Plat when the town assessor did not want the plat and didn t order it? January 23, Surveyors' Institute s (1), Wis. Stats. Who may order. such plats shall be called assessor s plats. such plats in cities may be ordered by the city council, in villages by the village board, in towns by the town board or the county board. January 23, Surveyors' Institute Surveyors' Institute 17

18 I am inquiring about the line type along the road right of way within the parcel I m surveying. Would you look at my map and let me know if I m using the correct line types? January 23, Surveyors' Institute Lot boundaries are represented with a solid line type. Easements are represented with a dashed line type. January 23, Surveyors' Institute 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 23, Surveyors' Institute Surveyors' Institute 18

19 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 23, Surveyors' Institute 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 23, Surveyors' Institute This plat was done in 2012 and the scale was 1 =120. Is this plat valid? January 23, Surveyors' Institute Surveyors' Institute 19

20 Short answer is Yes. s (2) (L), Wis. Stats., allows the department to waive strict compliance with the requirements in s , technical mapping requirements. We suggest that the surveyor reference that a waiver was received on the plat or map. January 23, Surveyors' Institute 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 23, Surveyors' Institute 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 23, Surveyors' Institute Surveyors' Institute 20

21 (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 23, Surveyors' Institute Plat Review 101 East Wilson St. 9 th Floor PO Box 1645 Madison, WI plat.review@wi.gov (608) doa.wi.gov/platreview January 23, Surveyors' Institute Surveyors' Institute 21