Fiscal Note
Planning Department staff estimate that there may be 20 to 30 applications per year at $200 each, or an increase in General Fund revenues of $4,000 to $6,000 annually, which should offset staff resources necessary to conduct the reviews.
Title
Amending Section 16.23(2), creating new Section 16.24, and renumbering current Sections 16.24 and 16.25 to 16.25 and 16.26, respectively, of the Madison General Ordinances to create review of condominium instruments.
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DRAFTER'S ANALYSIS: This amendment creates review of condominium instruments by the City of Madison. Wis. Stat. s. 703.115 authorizes counties to conduct a limited review condominium instruments and to delegate review to municipalities within their jurisdictions. Dane County recently adopted an ordinance creating such review and allowing municipalities to review condominium instruments for condominiums within their borders.
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The Common Council of the City of Madison do hereby ordain as follows:
1. Subsection (2) entitled "Definitions" of Section 16.23 entitled "Land Subdivision Regulations" of the Madison General Ordinances is amended by adding therein the following:
" Condominium Instrument. The plat and plans of a condominium together with any attached exhibits or schedules, and any amendment, addendum, or other document that affects some change in a recorded condominium plat."
2. New Section 16.24 entitled "Condominium Instrument Review" of the Madison General Ordinances is created to read as follows:
"16.24 Condominium Instrument Review.
(1) No person shall record any condominium instrument without submitting it for review to the Department of Planning and Community and Economic Development.
(2) The submittal shall include a copy of the final condominium instrument, a completed application form, and a fee of two hundred dollars ($200).
(3) Any condominium plat that is submitted shall be reviewed as follows:
(a) The name of the condominium and the county in which it is located must appear on each sheet of the plat. The condominium name must be unique in the county in which it is located. Each sheet of a plat shall be consecutively numbered and show the relation of that sheet to the total number of sheets.
(b) Plans shall show the location of each building located or to be located on the property. If there are units in a building, the plans shall show the perimeters, approximate dimensions, approximate square footage, and location of each unit in the building. Common elements, including limited common elements, shall be shown graphically to the extent feasible.
(c) Each unit shall be designated on the condominium plat by the unit number. Unit numbers may not contain more than eight (8) numerals and must be unique throughout the condominium.
(d) All survey maps and floor plans shall be legibly prepared with a binding margin of one and one-half (1 1/2) inches on the left side and a one (1) inch margin on all other sides on a durable white medium that is fourteen (14) inches long by twenty-two (22) inches wide with a permanent non-fading black image. All maps and plans shall be drawn to a convenient scale.
(e) Outlines of the land, buildings, and common elements of new property that may be added to the condominium shall be shown on the plat.
(f) A certificate of a licensed land surveyor authorized to practice that profession in this state shall certify that the plat is a correct representation of the condominium described and that the location of each unit and the common elements can be determined from the plat.
(4) The Director of the Department of Planning and Community and Economic Development shall complete the review of condominium instruments within ten (10) working days of submission of the instrument(s), a complete application, and fee. Reasons for rejection shall be forwarded to the applicant in writing. Resubmittal may require an additional fee if the Director of the Department of Planning and Community and Economic Development determines that a full review of the new submission is necessary. Approval of the condominium instruments shall be certified in writing by the Director of the Department of Planning and Community and Economic Development. If the Director of the Department of Planning and Community and Economic Development fails to act on the condominium instrument(s) within ten (10) working days, the instrument(s) shall be deemed approved and approval certified as above."
3. Current Sections 16.24 and 16.25 are renumbered to 16.25 and 16.26, respectively.