[HISTORY: Adopted by the Common Council of the City of Montello 5-7-1984
as Title 10, Ch. 5 of the 1984 Code. Amendments noted where applicable.]
The purpose of this chapter is to promote the public health, safety
and general welfare of the community, and these regulations are designed to
lessen congestion in the streets and highways; to further the orderly layout
and use of land; to secure safety from fire, panic and other dangers; to provide
adequate light and air; to prevent the overcrowding of land; to avoid undue
concentration of population; to facilitate adequate provision for transportation,
water, sewerage, schools, parks, playgrounds and other public requirements;
and to facilitate the further resubdivision of larger tracts into smaller
parcels of land. These regulations are made with reasonable consideration,
among other things, of the character of the City, with a view of conserving
the value of the buildings placed upon land, providing the best possible environment
for human habitation, and for encouraging the most appropriate use of land
throughout the City.
A.
Any division of land within the City or its extraterritorial
plat approval jurisdiction which results in any subdivision or minor subdivision
as defined herein shall be surveyed and a plat thereof approved and recorded
as required by this chapter and Ch. 236, Wis. Stats.
B.
The provisions of this chapter shall not apply to:
(1)
The sale or exchange of parcels of land between owners
of adjoining property if additional lots are not thereby created and the lots
resulting are not reduced below the minimum sizes required by this chapter
or other applicable laws or ordinances.
(2)
Transfers of interests in land by will or pursuant to
court order.
(3)
Leases for a term not to exceed 10 years, mortgages or
easements.
As used in this chapter, the following terms shall have the meanings
indicated:
The unincorporated area within 1 1/2 miles of the corporate
limits of the City.
The division of land by the owner or his agent resulting in the creation
of two parcels or building sites, any one of which is two acres in size or
less, or the division of a block, lot or outlot within a recorded subdivision
plat into not more than four parcels or building sites without changing the
exterior boundaries of said block, lot or outlot.
A way for vehicular traffic other than an alley.
Arterial streets and highways are those which are used primarily for
fast or heavy traffic.
Collector streets are those which carry traffic from minor streets to
the system of arterial streets and highways, including the principal entrance
streets of a residential development and streets for circulation within such
development.
Minor streets are those which are used primarily for access to the abutting
properties.
Marginal access streets are minor streets which are parallel to and
adjacent to arterial streets and highways and which provide access to abutting
properties and protection from through traffic.
A division of a lot, parcel or tract of land by the owner thereof
or his agent for the purpose of sale or building development, where:
It is recommended that, prior to the filing of an application for the
approval of a preliminary plat, the subdivider consult with the Mayor's Planning
and Advisory Committee in order to obtain its advice and assistance. This
consultation is neither formal nor mandatory but is intended to inform the
subdivider of the purpose and objectives of these regulations, the Comprehensive
Plan,[1] Comprehensive Plan components, and duly adopted plan implementation
devices of the City and to otherwise assist the subdivider in planning his
development.
A.
Procedure. The Common Council, within 90 days of the
date of the filing of a preliminary plat with the City Clerk-Treasurer, shall
approve, approve conditionally or reject such plat unless the time is extended
by mutual agreement with the subdivider. One copy of the plat shall thereupon
be returned to the subdivider with the date and action endorsed thereon and,
if approved conditionally or rejected, a letter setting forth the conditions
of approval or the reasons for rejection shall accompany the plat. One copy
each of the plat and letter shall be placed in the Mayor's Planning and Advisory
Committee's and Common Council's permanent files. Failure of the Common Council
to act within 90 days shall constitute an approval unless the time is extended
by mutual agreement with the subdivider. Approval or conditional approval
of a preliminary plat shall not constitute automatic approval of the final
plat, except that if the final plat is submitted within 24 months of preliminary
plat approval and conforms substantially to the preliminary plat layout as
indicated in § 236.11(1)(b), Wis. Stats., the final plat shall be
entitled to approval with respect to such layout. The preliminary plat shall
be deemed an expression of approval or conditional approval of the layout
submitted as a guide to the preparation of the final plat which will be subject
to further consideration by the Mayor's Planning and Advisory Committee and
the Common Council at the time of its submission.[1]
B.
Land suitability. No land shall be divided for residential
use which is held unsuitable for such use by the Common Council for reason
of flooding, inadequate drainage, adverse soil or rock formation, unfavorable
topography or any other feature likely to be harmful to the health, safety
or welfare of the future residents of the proposed subdivision or of the community.
The Common Council, in applying the provisions of this subsection, shall,
in writing, recite the particular facts upon which it bases its conclusion
that the land is not suitable for residential use and afford the subdivider
an opportunity to present evidence regarding such unsuitability if he so desires.
Thereafter the Council may affirm, modify or withdraw its determination of
unsuitability.
A.
The final plat and such copies thereof as shall be required
shall be submitted to the City Clerk-Treasurer within 24 months of approval
of the preliminary plat. However, if approval of the preliminary plat must
be obtained from another approving authority subsequent to approval by the
Mayor's Planning and Advisory Committee, the final plat shall be submitted
within 24 months of such approval. The Mayor's Planning and Advisory Committee
may waive failure to comply with this requirement.[1]
B.
The City Clerk-Treasurer shall forthwith forward the
plat to the Mayor's Planning and Advisory Committee. The Mayor's Planning
and Advisory Committee shall refer the final plat with its recommendation
to the Common Council within 30 days of its submission unless the time is
extended by the Common Council. The Council shall approve or reject the final
plat within 60 days of its submission to the City Clerk-Treasurer, unless
the time is extended by agreement with the subdivider. Reasons for rejection
shall be stated in the minutes of the Council meeting and a copy thereof or
a written statement of such reasons shall be supplied the subdivider.
C.
If the original or the final plat has been filed with
another approving authority, the subdivider may file a true copy of such plat
in lieu of the original. However, before approval of the Common Council will
be inscribed on the original of the final plat, the surveyor or the subdivider
shall certify the respects in which the original of the final plat differs
from the true copy, and all modifications must first be approved.
A.
Before a final plat is approved by the Common Council,
the subdivider shall submit an agreement and performance bond or cash escrow
agreement to assure the following:
(1)
The subdivider shall pay for the cost of all improvements required
in the subdivision by the Common Council.
(2)
Guaranteed completion of the required improvements within a two-year
period.
(3)
Payment by the subdivider for all costs incurred by the City
for review and inspection. This would include preparation and review of plans
and specifications by the City Engineer and Attorney, as well as other costs
of a similar nature.
B.
The performance bond or cash escrow agreement shall be
equal to 1 1/4 times the City Engineer's estimated cost of the required
improvements, including the cost of inspection by the City.
C.
If the required improvements are not complete within
the two-year period, all amounts held under the escrow agreement or performance
bond shall be turned over and delivered to the City and applied to the cost
of the required improvements. Any balance remaining after such improvements
have been made shall be returned to the owner or subdivider. The Common Council,
at its option, may extend the bond period for an additional period not to
exceed two years. The adequacy of all facilities and improvements required
to be provided by the subdivider by this chapter shall be subject to the approval
of the Common Council.
When it is proposed to replat a recorded subdivision, or part thereof, so as to change the boundaries of a recorded subdivision, or part thereof, the subdivider or person wishing to replat shall vacate or alter the recorded plat as provided in §§ 236.40 through 236.44, Wis. Stats. The subdivider, or person wishing to replat, shall then proceed as specified in §§ 370-4 through 370-6.
The proposed subdivision shall conform to:
A.
The provisions of Ch. 236, Wis. Stats.
B.
All applicable ordinances of the City.
C.
The Comprehensive Plan.
D.
The Official Map.
F.
The rules of the State Department of Transportation relating
to safety of access and the preservation of the public interest and investment
in the streets, if the subdivision or any lot contained therein abuts on a
state trunk highway or connecting street.
A.
General considerations. The streets shall be designed
and located in relation to existing and planned streets, to topographical
conditions and natural terrain features, such as streams and existing tree
growth, to public convenience and safety and in their appropriate relation
to the proposed uses of land to be served by such streets.
B.
Conform to Official Map. The arrangement, width, grade
and location of all streets shall conform to the Comprehensive Plan or plan
component and the Official Map of the City.
C.
Arrangement.
(1)
Arterial streets shall be properly integrated with the
existing and proposed system of arterial streets and highways.
(2)
Collector streets shall be properly related to the mass
transit system, to special traffic-generating facilities, such as schools,
churches and shopping centers, to population densities, and to the arterial
streets into which they feed.
(3)
Minor streets shall be laid out to conform as much as
possible to topography, to discourage use by through traffic, to permit efficient
drainage and sewer systems, and to require the minimum amount of street necessary
to provide convenient, safe access to property.
D.
Railroad right-of-way or limited access highway. Where
a subdivision borders on or contains a railroad right-of-way or limited access
highway right-of-way, the Mayor's Planning and Advisory Committee may require
a street approximately parallel to and on each side of such right-of-way at
a distance suitable for the appropriate use of the intervening land as for
park purposes in residential districts or for commercial or industrial purposes
in other districts.
E.
Arterial streets. Where a subdivision borders on or contains
an existing or proposed arterial street, the Mayor's Planning and Advisory
Committee may require that marginal access streets be provided, that the backs
of lots abut the arterial streets and be provided with screen planting contained
in a non-access reservation along the rear property line, that deep lots with
rear service alleys be provided or that other provisions be made for the adequate
protection of residential properties and the separation of through and local
traffic.
F.
Width.
(1)
The right-of-way (ROW) and roadway of all streets shall
be the width specified by the Comprehensive Plan, Comprehensive Plan component,
or the Official Map, or, if no width is specified therein, the minimum widths
shall be as follows:
|
Urban Section
| |||||
|---|---|---|---|---|---|
|
Street Type
|
ROW Width to be Reserved
(feet)
|
ROW Width to be Dedicated
(feet)
|
Pavement Width (face of curb to face of curb)
(feet)
| ||
|
Arterial streets
| |||||
|
4-lane divided
|
120
|
100
|
Dual: 34 (20-foot median)
| ||
|
Not divided
|
70
|
70
|
48
| ||
|
Collector streets
|
66
|
66
|
44
| ||
|
Minor streets 1,000 feet or more in length
|
60
|
60
|
34
| ||
|
Minor streets less than 1,000 feet in length, cul-de-sac and frontage
streets
|
50
|
50
|
32
| ||
|
Alleys
|
25
|
25
|
20
| ||
|
Rural Section
| |||||
|---|---|---|---|---|---|
|
Street Type
|
ROW Width to be Reserved
(feet)
|
ROW Width to be Dedicated
(feet)
|
Pavement Width (face of curb to face of curb)
(feet)
| ||
|
Arterial streets
| |||||
|
4-lane divided
|
150
|
150
|
Dual: 24; 10 outside shoulders/4 inside shoulders (60-foot median)
| ||
|
Not divided
|
100
|
100
|
24; 10 outside shoulders
| ||
|
Collector streets
|
66
|
66
|
24; 10 outside shoulders
| ||
|
Minor streets
|
50
|
50
|
22; 8 outside shoulders
| ||
(2)
The Mayor's Planning and Advisory Committee may require
the subdivider to conform to urban section standards if the average lot width
in the proposed subdivision is less than 150 feet measured at the street setback
line. If the average lot width is in excess of 150 feet, the subdivider may
conform to the rural street section standards.
G.
Grades.
(1)
Unless necessitated by exceptional topography, subject
to the approval of the Mayor's Planning and Advisory Committee, the maximum
center-line grade of any street or public way shall not exceed the following:
(2)
Street grades shall be established wherever practicable
so as to avoid excessive grading, promiscuous removal of ground cover and
tree growth, and the general leveling of the topography.
H.
Horizontal curves. When a continuous street center line
deflects at any one point by more than 10°, a circular curve shall be
introduced having a radius of curvature on said center line of not less than
the following:
I.
Vertical curves. All changes in street grades shall be
connected by vertical curves of a minimum length equivalent to 15 times the
algebraic difference in the rate of grade for arterial streets and collector
streets and 1/2 of this minimum length for all other streets.
J.
Tangents. A tangent at least 100 feet long shall be introduced
between reverse curves on arterial and collector streets.
K.
Street names. New street names shall not duplicate the
names of existing streets, but streets that are continuations of others already
in existence and named shall bear the name of the existing streets. Street
names shall be subject to the approval of the Common Council.
L.
Cul-de-sac or dead-end streets. Streets designed to have
one end permanently closed shall not exceed 500 feet in length and shall terminate
with a turnaround of not less than 100 feet in diameter of a right-of-way
and a roadway turnaround of 80 feet in diameter.
M.
Reserve strips. Reserve strips controlling access to
streets shall be prohibited except where their control is definitely placed
in the City under conditions approved by the Mayor's Planning and Advisory
Committee.
N.
Half streets. Where a half street is adjacent to the
subdivision, the other half of the street shall be dedicated by the subdivider.
The platting of half streets shall be avoided insofar as possible.
A.
Streets shall intersect as nearly as possible at right
angles, and not more than two streets shall intersect at one point unless
approved by the Mayor's Planning and Advisory Committee.
B.
Property lines at street intersections shall be rounded
with a radius of 15 feet or of a greater radius where the Mayor's Planning
and Advisory Committee considers it necessary.
C.
Street jogs with center-line offsets of less than 125
feet shall be avoided. Minor streets shall not necessarily continue across
arterial or collector streets, but if the center lines of such minor streets
approach the collector or arterial streets from opposite sides within 300
feet of each other, measured along the center line of such arterial or collector
streets, then the location of such minor streets shall be adjusted so that
the adjoinment across the arterial or collector streets is continuous and
a jog is avoided.
A.
Alleys shall be provided in all commercial and industrial
districts, except that the Mayor's Planning and Advisory Committee may waive
this requirement where other definite and assured provision is made for service
access, such as off-street loading and parking consistent with and adequate
for the uses proposed.
B.
Alleys shall not be approved in residential area unless
necessary because of topography or other exceptional circumstances.
C.
The right-of-way width of alleys shall not be less than
25 feet.
D.
Dead-end alleys are prohibited except under very unusual
circumstances, and crooked and "T" alleys shall be discouraged. Where dead-end
alleys are unavoidable, they shall be provided with adequate turnaround facilities
at the dead end.
A.
Easements across lots or centered on rear or side lots
lines shall be provided for utilities where required by the Mayor's Planning
and Advisory Committee and shall be at least 12 feet wide.
B.
Where a subdivision is traversed by a watercourse, drainageway,
channel, or stream, there shall be provided a stormwater easement or drainage
right-of-way conforming substantially to the lines of such watercourse and
such further width or construction, or both, as will be adequate for the purpose.
Wherever possible, it is desirable that the drainage be maintained by an open
channel with landscaped banks and adequate width for maximum potential volume
of flow.
A.
The lengths, widths, and shapes of blocks shall be such
as are appropriate for the locality and the type of development contemplated,
but block lengths in residential areas shall not exceed 1,500 feet nor be
less than 300 feet between street lines.
B.
Pedestrian crosswalks, not less than 10 feet wide, may
be required by the Mayor's Planning and Advisory Committee through the center
of blocks more than 900 feet long where deemed essential to provide circulation
or access to schools, playgrounds, shopping centers, transportation and other
community facilities.
A.
In general. The size, shape and orientation of lots shall
be appropriate for the location of the subdivision and for the type of development
and use contemplated.
B.
Lot dimensions. Lot dimensions shall conform to the requirements of Chapter 385, Zoning, of this Code and in no case in a residential district have less than a minimum width of 66 feet at the building line and a minimum area of 8,000 feet. Residential lots to be served by private sewage disposal facilities shall comply with the rules of the State Department of Commerce. Depth and width of properties reserved or laid out for commercial and industrial purposes shall be adequate to provide for the off-street service and parking facilities required by the type of use and development contemplated. Residential lots fronting on major streets and highways should be platted with extra depth to permit generous distances between the buildings and such traffic ways. Excessive depth in relation to width shall be avoided. A proportion of approximately 2 1/2 to one shall normally be considered as a desirable maximum for lot widths of 66 feet or more.[1]
C.
Corner lots. Corner lots for residential use shall have extra width to permit full building setback of at least 20 feet from both streets or as required by Chapter 385, Zoning.
D.
Access to public street. Every lot shall front or abut
on a public street. Lots with an access only to private drives or streets
shall be permitted only with Mayor's Planning and Advisory Committee approval.
E.
Lots at right angles. Lots at right angles to each other
should be avoided whenever possible, especially in residential areas.
F.
Lot lines. Side lot lines shall be substantially at right
angles or radial to street lines.
G.
Large lots. In case a tract is subdivided into parcels
containing one or more acres, such parcels shall be arranged to allow the
resubdivision of any parcels into normal lots in accordance with the provisions
of this chapter.
H.
Municipal boundaries. Lots shall follow municipal boundary
lines whenever practicable, rather than cross them.
I.
Double frontage. Double frontage and reversed frontage
shall be avoided except where necessary to provide separation of residential
development from traffic arteries or to overcome specific disadvantages of
topography and orientation.
A.
Dedication and reservation of lands. Whenever a tract
of land to be subdivided embraces all or any part of a street, drainageway
or other public way which has been designated in the Comprehensive Plan, Comprehensive
Plan component or on the Official Map of the City, said public way shall be
made part of the plat and dedicated or reserved by the subdivider in the locations
and dimensions indicated on said plan or maps and in accordance with this
section.
B.
Determination. Whenever a proposed school site, park,
playground, greenway, open space or other public land, other than streets
or drainageways, designated in the Comprehensive Plan, Comprehensive Plan
component or on the Official Map of the Village is embraced, all or in part,
in a tract of land to be subdivided, these proposed public lands shall be
made a part of the plat and shall be dedicated to the public at the rate of
one acre for each 25 proposed dwelling units, and said proposed public lands,
other than streets or drainageways, in excess of the rate established herein
shall be reserved for a period not to exceed one year from the date of final
plat approval unless extended by mutual agreement for purchase by the public
agency having jurisdiction, or unless extended by a mutual agreement for acquisition
by the City. The purchase price shall be the present fair market value of
said lands in an undeveloped state as indicated by impartial appraisal. Costs
for said appraisal are to be shared equally between the developer and City.
C.
Proportionate payments in lieu of dedication.
(1)
If the amount of land required to be dedicated, other
than for streets and drainageways, as indicated on the Comprehensive Plan,
Comprehensive Plan component or Official Map of the City totals less than
the ratio of one acre for each 25 proposed dwelling units, the subdivider
shall pay to the City a fee equivalent to the fair market value of the amount
of land representing the difference between the amount of land required to
be dedicated, other than the streets and drainageways, as indicated on said
plans or maps and the rate of dedication established herein.
(2)
Said fees required in lieu of dedication shall be paid
to the City at the time of first application for approval of a final plat
of said subdivision.
(3)
Special fund. All funds so collected by the City shall
be deposited in the Special Fund for the Acquisition and Development of Public
Sites, Recreation Areas, Open Spaces and Greenways, and said funds so levied
and collected shall be used for such purposes, at such places and in such
manner as shall be approved, ordered and directed by the City upon recommendation
by the Mayor's Planning and Advisory Committee. Any and all interest accumulated
upon such funds shall be added to the special fund and be used only for acquisition
and development for said purposes.
D.
Development of dedicated area. It shall be the duty of
the City to properly develop and maintain the dedicated areas, and the owner
who dedicated said land shall in no way be responsible for its development,
maintenance or liability thereon, except that said owner shall not develop
the surrounding area in a manner which would unduly depreciate the purpose,
use or value of the dedicated property, and except if such owner shall reside
on one of the subdivided parcels, in which case he shall be responsible for
the maintenance of adjacent public property as may be required in other laws
of the City.
A.
Monuments. The subdivision shall be monumented as required
by § 236.15, Wis. Stats., which is hereby adopted by reference.
B.
Street and utilities.
(1)
Before the final plat of a subdivision will be approved,
the subdivider shall provide the following facilities, give satisfactory proof
that he has contracted to install such facilities, or file a performance bond
insuring that such facilities will be installed within the time required by
the Mayor's Planning and Advisory Committee:
(a)
Water and sanitary sewer mains, and laterals to the lot
line, where connection to existing systems can be reasonably provided.
(b)
Streets graded to full width and the roadway graded to
subgrade. After installation of the water and sewer facilities, the roadway
shall be surfaced with six inches of crushed gravel and a final surface applied.
(c)
Adequate facilities to provide surface water drainage.
(2)
The adequacy of such facilities shall be subject to approval
of the Director of Public Works and the Common Council.
The following information shall be provided at the time of the preliminary
consultation or upon filing the preliminary plat if the preliminary consultation
is not held:
A.
Information including data on existing covenants, land
characteristics and available community facilities and utilities and information
describing the subdivision proposal, such as number of residential lots, typical
lot width and depth, price range, business areas, playgrounds, park area,
other public areas, tree planting, proposed protective covenants and proposed
utilities and street improvements.
B.
A location map showing the relationship of the proposed
subdivision to existing community facilities which serve or influence it.
Include development name and location; main traffic arteries, public transportation
lines and shopping centers; elementary and high schools, parks and playgrounds;
principal places of employment; other community features, such as railroad
stations, airports, hospitals, and churches; and title, scale, North arrow
and date.
C.
A sketch plan showing in simple sketch form the proposed
layouts of streets, lots, and other features in relation to existing conditions.
The sketch plan may be a freehand pencil sketch made directly on a print of
the topographic survey.
The preliminary plat shall be drawn with waterproof, nonfading black
ink or legibly drawn with pencil on tracing cloth or tracing paper of good
quality at a scale of not more than 100 feet to an inch and shall show correctly
on its face:
A.
Date, scale and North point.
B.
The proposed subdivision name, which shall not duplicate
the name of any plat previously recorded within the county.
C.
The name and address of the owner, the subdivider, and
the engineer or surveyor preparing the plat.
D.
Location of the subdivision by government lot, quarter-quarter
section, section, township, range and county.
E.
A small-scale drawing of the section or government subdivision
of the section in which the subdivision lies with the location of the subdivision
indicated thereon.
F.
The exact length and bearing of the exterior boundaries
of the subdivision.
G.
Location and names of adjacent subdivisions and the owners
of adjoining parcels of unsubdivided land.
H.
Zoning on and adjacent to the subdivision.
I.
Location, widths and names of all existing and platted
streets, alleys or other public ways and easements, railroad and utility rights-of-way,
parks, cemeteries, watercourses, drainage ditches, permanent buildings, bridges
and other pertinent data as determined by the Mayor's Planning and Advisory
Committee.
J.
The water elevations of adjoining lakes or streams at
the date of the survey and the approximate high and low water elevations of
such lakes or streams. All elevations shall be referred to some permanent
established datum plane.
K.
If the subdivision borders a lake or stream, the distances
and bearings of a meander line established not less than 20 feet back from
the ordinary high-water mark of the lake or stream.
L.
Layout, width and approximate grades of all new streets
and rights-of-way, such as alleys, highways, easements for sewers, water mains,
and other public utilities.
M.
Direction and distance to nearest water and sewer mains.
N.
Approximate dimensions of and areas of lots.
O.
Proposed building lines.
P.
Approximate location and area of property proposed to
be dedicated for public use or to be reserved by deed covenant for use of
all property owners in the subdivision with the conditions, if any, of such
dedication or reservation.
Q.
Approximate radii of all curves and length of tangents.
R.
Contours at vertical intervals of not more than five
feet or at more frequent intervals if required by the Mayor's Planning and
Advisory Committee for land of unusual topography.
A.
A final plat of subdivided land shall comply with the
requirements of § 236.20, Wis. Stats., which is hereby adopted by
reference.
B.
The affidavits and certificates required by Ch. 236,
Wis. Stats., shall be lettered or printed legibly with black, durable ink
or typed legibly with black ribbon on the final plat.
The Mayor's Planning and Advisory Committee may require submission of
a draft of protective covenants whereby the subdivider intends to regulate
land use in the proposed subdivision and otherwise protect the proposed development.
A.
Procedure. The subdivider shall file a certified survey
map with the Mayor's Planning and Advisory Committee which shall, within 90
days, approve, approve conditionally or reject the map. The divider shall
be notified in writing of any conditions of approval or the reasons for rejection.[1]
B.
Requirements.
(1)
To the extent reasonably practicable, the division shall
comply with the provisions of this chapter relating to general requirements
and design standards and the required improvements.
(2)
The survey shall be performed and the map prepared by
a registered land surveyor.
(3)
All corners shall be monumented in accordance with § 236.15(1)(c)
and (d), Wis. Stats.
(4)
The map shall show correctly on its face the information
required by § 236.34, Wis. Stats.
C.
Certificates.
(1)
The map shall include the certificate of the surveyor
who surveyed and mapped the parcel, typed, lettered or reproduced legibly
with nonfading black ink, giving a clear and concise description of the land
surveyed by bearings and distances, commencing with some corner marked and
established in the United States Public Land Survey or some corner providing
reference to a corner marked and established in the United States Public Land
Survey. Such certificate shall include the statement of the surveyor to the
effect that he has fully complied with the requirements of this section.
(2)
The certificate of approval of the Mayor's Planning and
Advisory Committee shall be typed, lettered or reproduced legibly with nonfading
black ink on the face of the map.
D.
The map shall be filed by the subdivider for recordation with
the County Register of Deeds.
A.
Where the Mayor's Planning and Advisory Committee finds
that extraordinary hardships or practical difficulties may result from strict
compliance with these regulations, it may recommend variations or exceptions
to the regulations so that substantial justice may be done and the public
interest secured, provided that such variation or exception shall not have
the effect of nullifying the intent and purpose of this chapter, and further
provided that the Mayor's Planning and Advisory Committee shall not recommend
variations or exceptions to the regulations of this chapter unless it shall
make findings based upon the evidence presented to it in each specific case
that:
(1)
The granting of the variation will not be detrimental
to the public safety, health, or welfare or injurious to other property or
improvements in the neighborhood in which the property is located.
(2)
The conditions upon which the request for a variation
is based are unique to the property for which the variation is sought and
are not applicable generally to other property.
(3)
Because of the particular physical surroundings, shape
or topographical conditions of the specific property involved, a practical
hardship to the owner would result, as distinguished from a mere inconvenience,
if the strict letter of the regulations were carried out.
B.
Such relief shall be granted by the Common Council without
detriment to the public good and without impairing the intent and purpose
of this chapter or the desirable general development of the community in accordance
with the Comprehensive Plan or Comprehensive Plan component of the City. A
three-fourths vote of the entire membership of the Common Council shall be
required to grant any modification of this chapter.
A.
The City Building Inspector shall have primary responsibility
for enforcing this chapter. No building permit shall be issued for construction
on any lot until the final plat for the subdivision has been duly recorded,
or a certified survey map is recorded, and the requirements of this chapter
have been satisfied by the subdivider.
B.
Any person, firm or corporation who or which fails to comply with the provisions of this chapter shall, upon conviction thereof, be subject to a penalty as provided in Chapter 1, § 1-4 of this Code. Each day a violation exists or continues shall constitute a separate offense. In addition, the remedies provided by §§ 236.30 and 236.31, Wis. Stats., shall be available to the City.[1]
Any person aggrieved by an objection to a plat or a failure to approve
a plat may appeal therefrom, as provided in §§ 236.13(5) and
62.23(7)(e)10 to 15, Wis. Stats., within 30 days of notification of the rejection
of the plat. Where failure to approve is based on an unsatisfied objection,
the agency making the objection shall be made a party to the action. The court
shall direct that the plat be approved if it finds that the action of the
approving or objecting agency is arbitrary, unreasonable or discriminatory.
