[HISTORY: Adopted by the Common Council of the City of Markesan
as Ch. 19 of the 1991 Municipal Code. Amendments noted where applicable.]
A.
Authority. This chapter is adopted pursuant to the authority granted
by § 236.45, Wis. Stats., and for the purpose listed in
§§ 236.01 and 236.45, Wis. Stats.
B.
Purpose. The provisions of this chapter shall be held to the minimum
requirements adopted to promote the health, safety, morals, comfort,
prosperity and general welfare of the City.
C.
Interpretation. This shall not repeal, impair or modify private covenants
or public ordinance, except that it shall apply whenever it imposes
stricter restrictions on land use.
A.
A subdivision shall include any division of a parcel of land within
the City or its extraterritorial plat approval area where the act
of division creates five or more parcels of four acres or less each,
or where five or more parcels of four acres or less each are created
by successive divisions within a five-year period; provided, however,
that this chapter shall not apply for the following:
(1)
Transfers of interest in land by will or pursuant to court order.
(2)
Leases for a term not to exceed 10 years, mortgages or easements.
(3)
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.
B.
No division of land within the City or within its extraterritorial
plat approval jurisdiction shall be permitted if it results in a subdivision
unless a plat of the subdivision is submitted and approved in accordance
with this chapter and Ch. 236, Wis. Stats.
C.
In addition to the provisions of this chapter and Ch. 236, Wis. Stats., all subdivisions shall conform to Chapter 400, Zoning, and the Comprehensive Plan for the City and its extraterritorial planning area.
D.
For all subdivision improvements required to be installed by the
subdivider, the subdivider shall provide satisfactory proof that he
has contracted to install such improvements or shall file a performance
bond or letter of credit ensuring installation of such improvements
within the time required by the Plan Commission and the Common Council.
E.
The specifications for all improvements shall be approved by the
Plan Commission. Prior to either acceptance of the improvement by
the Common Council or release of the subdivider's development
agreement, all improvements shall be inspected and found to have been
installed according to the specifications.
For the purpose of this chapter, the following terms, phrases,
words and their derivations shall have the meaning given in this section.
The word "shall" is always mandatory and not merely directory.
An area of land within a subdivision that is entirely bounded
by a street or combination of streets, exterior boundary lines of
a subdivision and streams or water bodies.
Any form of security, including cash deposit, surety bond,
collateral, property or instrument of credit, in any amount and form
satisfactory to the City. All bonds shall be approved by the Plan
Commission upon recommendation of the City Attorney.
A line on a plat, parallel to the street, indicating the
limit beyond which no building may be erected. The building line shall
be consistent with the front yard setback of the zoning district in
which the plat is located.
The maps or drawings accompanying a subdivision plat showing
the specific location and design of improvements to be installed by
the subdivision either in accordance with the requirements of this
chapter or conditions placed on the plat by the Plan Commission.
A local street with only one outlet having an appropriate
terminal for the safe and convenient reversal of traffic movement.
Culs-de-sac may be either temporary or permanent.
Authorization by a property owner for use of land by another
person for a specific purpose.
The unincorporated area within 1 1/2 miles of the City
in which the City has the authority to approve subdivision plats.
The final plat map and supporting data described in § 390-4C of this chapter which is submitted to the Plan Commission and the Common Council for approval.
Those lands subject to inundation by a one-hundred-year interval
flood, as determined by the Plan Commission from official floodplain
maps or other applicable data.
The side or sides of a lot adjacent to a public right-of-way
or private road.
Any sanitary sewer, storm sewer, open channel drainageway,
water main roadway, park, sidewalk or a pedestrianway, or other facility
for which the City may ultimately assume the responsibility for maintenance
and operation.
A parcel of land having frontage on a public street or approved
private road, intended as a unit for the purpose, whether immediate
or future, of transfer of ownership or building development.
A lot at the end of a block and located between two corner
lots.
A lot at the intersection of two or more streets with two
or more adjacent sides of the lot abutting a street.
A lot with two opposite sides abutting two or more streets.
A parcel of land in a subdivision which, for one reason or
another, cannot be included in a lot.
Any person having sufficient proprietary interest in the
land sought to be subdivided to commence and maintain proceedings
to subdivide the same under these regulations.
The right-of-way across or within a block for use by pedestrian
traffic whether designated as a pedestrianway, crosswalk or however
otherwise designated.
The preliminary map of a subdivision described in § 390-4B of this chapter, indicating the proposed layout of the subdivision. The preliminary plat shall be submitted to the Plan Commission for approval.
Contracts entered into between parties and which constitute
a restriction on the use of all private property within a subdivision
for the benefit of the property owners, and to provide mutual protection
against undesirable aspects of development which would tend to impair
stability of values.
A strip of land occupied or intended to be occupied by a
street, curb and gutter, ditches, public sewer and water, other utilities
and sidewalks.
ALLEYA minor way which is used as a secondary means of vehicular traffic to the side or rear of abutting lots.
ARTERIAL STREETA street primarily designed to carry large volumes of traffic and provide traffic movement from one part of the City to another. Examples of arterial streets are state and county roads and major through streets.
COLLECTOR STREETA street which carries traffic from minor streets to arterial streets or from arterial street to arterial street. It includes the principal streets of large residential subdivisions.
CUL-DE-SACA minor street with only one outlet having an appropriate terminal for the safe and convenient reversal of traffic movement. Culs-de-sac may be either temporary or permanent.
MINOR STREETA street of limited continuity used primarily for access to the abutting properties and serving the local needs of a neighborhood.
PRIVATE STREETA privately owned street serving two or more lots.
SERVICE STREETA limited access street which is parallel and adjacent to an arterial street which provides access to abutting properties and protection from through traffic.
STREETA public way for vehicular traffic, whether designated as a street, highway, thoroughfare, arterial, parkway, throughway, road, avenue, lane or place.
Any person commencing proceedings under these regulations
to effect a subdivision of land hereunder for himself or for another.
The division of a parcel of land into five or more lots or
successive divisions creating five or more lots or parcels within
a five-year period, any of which resultant parcels is less than four
acres in area, or if a new street is involved, any division of a parcel
of land. The term includes resubdivision and, when appropriate to
the context, shall relate to the process of subdividing or to the
land subdivided.
Any division of land within the City which results in a subdivision,
as herein defined, shall follow the procedures as outlined in this
section.
A.
Preliminary consultation.
(1)
Subdividers are invited to prepare, for review with the Plan Commission
and the Director of Public Works, a sketch plan of the proposed subdivision.
The sketch plan shall contain, at a minimum, the following information:
(2)
The sketch plan shall be considered as a basis for discussion between
the subdivider and the Plan Commission. The Commission shall unofficially
advise the subdivider of the extent to which the proposed subdivision
conforms to this chapter and other applicable City ordinances, and
shall discuss possible modifications to the subdivision proposal.
No fee shall be required of the subdivider for the submission of sketch
plans.
B.
Preliminary plat.
(1)
Submission to Plan Commission.
(a)
At least 15 days prior to the Plan Commission meeting at which
a plat is to be reviewed, the subdivider shall file three copies of
the plat with the Clerk-Treasurer. The preliminary plat shall be prepared
by a registered land surveyor and shall meet the requirements for
preliminary plats, as outlined in Ch. 236, Wis. Stats.
(b)
A fee shall be paid by the subdivider to the City upon submission
of the preliminary plat, in an amount as set from time to time by
resolution of the Common Council. The fee shall be used for public
expenses incurred in connection with the approval of the preliminary
and final plat. An additional fee per final plat may be charged for
each final plat in excess of one.
[Amended 4-14-2015 by Ord. No. 233]
(c)
The Clerk-Treasurer shall transmit one copy to the Director
of Public Works for his review and comment.
(d)
The Plan Commission shall have the preliminary plat on the agenda
for its next regular meeting.
(e)
Within 90 days of receipt of the plat, the Plan Commission shall
approve, approve conditionally or reject such plat and shall state,
in writing, any conditions for approval or reasons for rejection.
Failure to take action on the plat within 90 days shall constitute
approval unless the subdivider agrees to an extension of the review
period.
(2)
Submission to objecting agencies.
(a)
The subdivider shall submit the original of the preliminary
plat to the State Department of Administration. The Department shall,
at the subdivider's expense, forward copies to the following
agencies who have the authority to object to plats:
(b)
Within 20 days of the receipt of the copies, the Department
shall notify the subdivider, the City and other objecting agencies
of any objections made to the plat. If no objections are made, the
Department shall so certify on the face of the plat and so notify
the subdivider and the City.
[Amended 4-14-2015 by Ord. No. 233]
(3)
Preliminary plat information required.
(a)
Existing conditions.
[1]
Boundary line survey, including measured distances and angles
which shall be tied to the nearest 1/4 corner section corner by traverse.
[2]
Existing zoning classifications for land in and abutting the
subdivision.
[3]
Total acreage.
[4]
Location, right-of-way width and names of existing streets or
other public ways, parks or other public lands, buildings and structures,
easements, section and corporate limits within the plat and to a distance
of 100 feet beyond the plat.
[5]
Location and size of existing sewers, water mains, culverts,
utilities or other like facilities within the plat area and to a distance
of 100 feet beyond. Such data as grades, invert elevations and locations
of catch basins, manholes, hydrants and street pavement width and
type shall also be included.
[6]
Boundary lines of adjoining subdivided or unsubdivided land
within 100 feet of the plat boundary, identified by name and ownership,
including all adjoining land owned by the subdivider not proposed
to be subdivided.
[7]
Topographic data, including vertical intervals of not more than
two feet, watercourses, wetlands, wooded area, rock outcrops and other
significant features.
[8]
A copy of proposed private restrictions and restrictive covenants.
[9]
Soil tests conducted according to the standards of Wis. Adm.
Code Ch. SPS 385 for all lots to be served by septic system seepage
beds.
(b)
Subdivision design features.
[1]
Layout of proposed streets showing right-of-way widths and proposed
names of streets.
[2]
Locations and widths of proposed alleys, pedestrian ways and
utility easements.
[3]
Proposed layout of streets and blocks.
[4]
Minimum front and side street building setback lines.
[5]
Location and size of proposed sewer lines and water mains.
[6]
Gradients of proposed streets, sewer lines and water mains.
[7]
Parks, pedestrianways or other areas intended to be dedicated
or reserved for public use.
[8]
Sites, if any, for multiple-family dwellings, shopping centers,
churches, industry or other uses, except single-family dwellings.
(c)
Supplementary data to be supplied with preliminary plat.
[1]
Statement of the proposed use of lots stating type of residential
building with proposed number of dwelling units or type of business
or industry so as to reveal the effect of development on traffic,
fire hazards and congestion.
[2]
Source of water supply and sanitary waste disposal.
[3]
Provisions for surface water drainage and flood control.
[4]
If any zoning changes are contemplated, the proposed zoning
plan for the areas, including dimensions.
[5]
Where the subdivider owns property adjacent to that which is
being proposed for the subdivision, the Plan Commission may require
that the subdivider submit a sketch plan of the remainder of the parcel
so as to show the possible relationships between the proposed subdivision
and future subdivision.
[6]
Other information as may be requested by the Plan Commission
or the Director of Public Works.
C.
Final plat.
(1)
Submission to Plan Commission. Within 36 months of approval of the
preliminary plat, the developer shall submit a final plat to the Plan
Commission for consideration. If the subdivider fails to submit a
final plat within the thirty-six-month time limit, the Commission
may, at its option, void the preliminary plat and require the subdivider
to resubmit an amended preliminary plat. The final plat shall incorporate
any conditions placed on the approval of the preliminary plat. If
the final plat conforms to the layout of the preliminary plat, including
any conditions of that approval, it shall be entitled to approval.
The subdivider may submit only a portion of the preliminary plat for
final plat approval. In such cases, the subdivider shall submit a
phasing plan for final approval of the remaining portions of the final
plat to be approved by the Plan Commission. Any amendments to the
phasing plan shall be submitted in writing by the developer for approval
by the Commission.
[Amended 4-14-2015 by Ord. No. 233]
(2)
Submission to objecting agencies. Prior to the submittal of the final
plat to the Plan Commission for review, the subdivider shall submit
the original to the State Department of Administration for distribution
to the objecting agencies. The Department shall certify on the face
of the plat that the objecting agencies have no objections and shall
return the plat to the subdivider. The subdivider shall submit the
certified original to the Plan Commission for review and approval.
(3)
Submission and approval of the final plat.
(a)
At least 15 days prior to the Plan Commission meeting at which
a plat is to be reviewed, the subdivider shall file the certified
original and three copies of the final plat and supplementary documents
with the Clerk-Treasurer. The Clerk-Treasurer shall transmit one copy
to the Director of Public Works and one copy to the City Attorney
for their review and comment.
(b)
The plat shall be placed on the agenda for the next Plan Commission
meeting.
(c)
The Plan Commission shall review the plat and supplementary
data and shall consider the recommendation of the City Attorney and
the Director of Public Works and shall approve or reject the plat.
If rejected, the Commission shall state the reasons for rejection,
in writing, and shall return the plat to the subdivider.
(d)
If approved by the Plan Commission, the final plat shall be
forwarded to the Common Council for final approval. The plat shall
be placed on the agenda for the next regular Common Council meeting.
The Common Council may approve or reject the plat. If the plat is
rejected, the Common Council shall state the reasons for rejection
in writing and shall return it to the subdivider. If approved, the
Mayor shall sign on the designated place on the face of the plat.
(e)
The time period for review of the final plat from the date of
submittal to the Clerk-Treasurer to the final approval by the Common
Council shall be 60 days. Failure to act within the sixty-day period
shall constitute approval unless the subdivider agrees to an extension.
(4)
Final plat information required. The following information shall
be submitted either on the final plat or as accompanying documents
as designated below:
(a)
Required information.
[1]
Accurate angular and lineal dimensions for all lines, angles
and curvatures used to describe boundaries, streets, alleys, easements
and areas to be reserved for public use. Dimensions of lot lines shall
be shown in feet and hundredth. When lot lines are not at right angles
to the street right-of-way line, the width of the lot shall be indicated
at the building setback line.
[2]
A numbered identification system for all lots and blocks.
[3]
A boundary line survey, including the measured distance and
angles and the true list distance and bearing between a known point
on the boundary and the nearest official monument, which shall be
accurately described on the plat.
[4]
Municipal, township and section lines accurately tied to the
lines of the subdivision by distances and angles.
[5]
Radii, internal angles, points and curvatures, tangent bearings
and lengths of arcs.
[6]
Name and location of the subdivision.
[7]
Accurate location of all monuments.
[8]
Graphic scale and north point.
[9]
Certifications required by Ch. 236, Wis. Stats.
[10]
Names of all streets.
[11]
Location of water bodies.
(b)
Required supplementary data.
[1]
A copy of private restrictions or restrictive covenants, if
any.
[2]
Certifications showing that all taxes due on the property to
be subdivided have been paid in full.
[3]
A drainage plan for the subdivision showing anticipated flow
of stormwater from its origin within the subdivision to its termination
either in the City storm sewer system or natural watercourse. The
Plan Commission may require runoff calculations to ensure adequate
sizing of sewer lines and drainage ditches.
A.
Procedure. The division of a lot, parcel or tract of land not a part
of a subdivision, as described herein, shall be governed by the following:
(1)
The owner shall file with the Clerk-Treasurer three copies of a certified
survey map.
(2)
Within two days after receiving such certified survey map, the Clerk-Treasurer
shall file one copy and forward one copy to the Plan Commission.
(3)
Within five days following the next regular meeting of the Plan Commission, the Commission shall make its report in writing to the subdivider, approving, approving conditionally or disapproving the certified survey map. In the event its action is conditional approval or negative, the report shall set forth the basis of its decision. For the purpose of this chapter, however, the division of a lot or lots of record, as herein defined, shall not be deemed to be a division, provided that such division does not create more than two parcels of land which meet all the requirements of Chapter 400, Zoning, and that no new street is sought thereby to be dedicated or is contemplated or projected through said lands. All of such division of a lot or lots of record shall be shown on a map which shall be filed with the Clerk-Treasurer in duplicate. The division of a parcel of land into two or more lots or parcels, all of which resultant parcels exceed five acres, and if a new street is not involved, shall also not be deemed to be a division.
B.
Requirements.
(1)
To the extent practicable, the certified survey map shall comply
with the provisions of this chapter relating to general requirements
and design standards.
(2)
The certified survey shall be performed and the map prepared by a
registered surveyor.
(3)
All corners shall be monumented in accordance with § 236.15(1)(c)
and (d), Wis. Stats.
(4)
The certified survey map shall be prepared in accordance with §§ 236.20(2),
Wis. Stats., on tracing paper, or opaque, or on durable eight-and-one-half-inch-by-fourteen-inch
white paper. All lines shall be made with nonfading black ink to a
scale of not more than 100 feet to one inch.
(5)
If any lot in the land division is not to be served by a public sanitary
sewer, percolation tests shall be submitted according to the procedures
designated under the rules of the Department of Safety and Professional
Services applicable to subdivisions.
C.
Certificates.
(1)
The certified survey 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 U.S. public land survey or some
corner providing reference to a corner marked and established in the
U.S. public land survey. Such certificate shall include the statement
of the surveyor to the effect that he has duly complied with the requirements
of this section.
(2)
The certificate of approval of the Plan Commission shall be typed,
lettered or reproduced legibly with nonfading black ink on the face
of the map.
D.
Recording. Upon approval by the Plan Commission, the Clerk-Treasurer
shall secure from the subdivider, at his expense, one copy of the
certified survey map for retention by the Clerk-Treasurer. The certified
survey map in its exact form, as approved by the Plan Commission,
shall be filed for record with the Register of Deeds by the Clerk-Treasurer.
The Clerk-Treasurer shall also have the recording data placed upon
the above copy. The subdivider shall pay the recording fees.
A.
Streets and lots.
(1)
The subdivider shall dedicate land for and improve streets as approved
herein. Streets shall be located with due regard for topographical
conditions, natural features, existing and proposed streets, utilities,
land uses, and public convenience and safety.
(2)
All lots shall have sufficient frontage on a public street to allow
vehicular access.
(3)
Street locations shall be consistent with the Comprehensive Plan.
The minimum right-of-way and roadway width of all proposed streets
and alleys shall be the width 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
|
70
|
70
|
48
| |
|
Collector streets
|
66
|
66
|
44
| |
|
Minor street 1,000 feet or more in length
|
66
|
60
|
34
| |
|
Minor streets less than 1,000 feet in length, cul-de-sac and
frontage streets
|
66
|
60
|
32
| |
|
Alleys
|
19
|
19
|
19
| |
|
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 street, not divided
|
100
|
100
|
28
| |
|
Collector streets
|
66
|
66
|
28
| |
|
Minor streets
|
66
|
66
|
28
| |
(4)
Street grades.
(a)
Unless necessitated by exceptional topography subject to the
approval of the Plan Commission, the maximum center line grade of
any street or public way shall not exceed the following:
(b)
The grade of any street shall in no case exceed 12% or be less
than 1/2 of 1%. Street grades shall be established wherever practicable
so as to avoid excessive grading, the promiscuous removal of ground
cover and tree growth, and general leveling of the topography.
(5)
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:
(6)
Streets shall be laid out to provide for possible continuation wherever
topographic and other physical conditions permit.
(7)
Minor streets shall be laid out so as to discourage their use by
through traffic.
(8)
The number of intersections of minor streets with major streets shall
be reduced to the practical minimum consistent with circulation needs
and safety requirements.
(9)
Where a subdivision abuts or contains an existing or proposed arterial
highway, the Plan Commission shall require a frontage road, nonaccess
reservation along the rear of the property contiguous to such highway,
or such other treatment as may be necessary to ensure safe, efficient
traffic flow and adequate protection of residential properties.
(10)
Reserve strips controlling access to streets shall be prohibited.
(11)
A tangent at least 100 feet long shall be required between reverse
curves on arterial and collector streets.
(12)
Streets shall afford maximum visibility and safety and shall
intersect at right angles where practicable.
(13)
Dedication of half-width streets shall be prohibited.
(14)
Permanent dead-end streets or culs-de-sac shall not be longer
than 600 feet, shall have a minimum width of 50 feet and terminate
with a turnaround having an outside roadway diameter of at least 90
feet, and a street property line of 100 feet.
(15)
Where possible, lot lines shall be perpendicular to the street
line and to the tangent at the lot corner or curved streets.
(16)
Lots shall follow rather than cross municipal boundary lines
whenever practicable.
(17)
No street names shall be used which will duplicate or may be
confused with the names of existing streets. Street names shall be
subject to the approval of the Plan Commission.
(18)
If paving is necessitated in the future, the entire cost and
expense incurred shall be assessed under § 66.0703, Wis.
Stats., as a special assessment by the City to the buildable lots
of the subdivision.
(19)
Where rural road sections have been approved by the Plan Commission
and paving has been waived, the nonpaved road standards on file in
the Clerk-Treasurer's office shall apply.
B.
Block design.
(1)
The lengths, widths and shapes of blocks shall be appropriate for
the topography and the type of development contemplated.
(2)
To provide access and circulation to community facilities, sidewalks shall be provided by the subdivider and where a block exceeds 1,000 feet in length, a crosswalk through the center of blocks shall be provided. Center crosswalks shall not be less than 10 feet wide. These requirements may be waived by the Plan Commission, as provided in § 390-7 of this chapter.
(3)
The Plan Commission may require that certain species of trees be
planted on both sides of all streets.
A.
Adequate sewer and water facilities; street base preparation and
curb and gutter; surface water drainage facilities; and streetlighting
facilities shall be provided by the subdivider for each lot in accordance
with specifications approved by the Plan Commission.
B.
The installation of curb and gutter may be waived where rural road
sections have been approved by the Plan Commission. Furthermore, the
Commission may permit the construction of a single sidewalk to serve
a double tier of lots where such lots have an average width of 100
feet or more fronting on a minor street or abutting the proposed sidewalk
and may waive the construction of sidewalks where rural road sections
have been approved by the Commission.
C.
Gas, electrical power and telephone facilities shall be installed
in such a manner as to make adequate service available to each lot
in the subdivision. Plans for all installations must be submitted
to the Plan Commission for approval prior to construction of utilities.
A.
The Plan Commission may require easements for poles; wires; conduits;
storm and sanitary sewers; gas, water and head mains; or other utility
lines. Easements shall be at least 10 feet wide and may run across
lots or along side of rear lot lines. Such easements should preferably
be located along the rear lot lines.
B.
The Plan Commission may require that easements or drainageways be
provided where a subdivision includes a segment or segments of watercourses,
drainageways, channels or streams.
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 Master Plan 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.
A.
Planned developments. Variances from the strict application of this
chapter may be granted in the case of planned developments provided
the Common Council, upon review and recommendation from the Plan Commission,
shall find that the proposed development is fully consistent with
the purpose and intent of this chapter. A planned development shall
be considered as any development which consists of two or more principal
structures or uses on a single lot or parcel of land for which a complete
detailed plan has been submitted showing all proposed structures,
uses, traffic ways, sidewalks, landscaping, off-street parking and
other features and facilities. This provision is intended to provide
flexibility needed for new land planning and land development trends
and techniques.
B.
Minor subdivisions. A lot or parcel in a recorded plat may be divided in order to add a parcel of land to an existing lot or to divide an existing lot into two lots, provided that no lot is created in violation of this chapter or Chapter 400, Zoning. Such division may be approved by the Common Council after the submission of a survey by a registered land surveyor showing the original lot and the proposed division.
C.
Variances.
(1)
The Common Council may grant a variance from these regulations upon
receiving a report from the Plan Commission that, in a particular
case, strict compliance with these regulations would cause an undue
hardship caused by unique topography or other conditions. Such variance
granted shall be the minimum needed to correct the hardship and shall
not impair the intent or purpose of this chapter.
(2)
Application for the variance shall be made in writing by the subdivider
at the time of submittal of the preliminary plat. The subdivider shall
state fully all facts relied upon and shall submit necessary documentation
of alleged physical hardship.
(3)
Any variance granted shall be recorded in resolution form and entered
into the minutes of the Common Council, setting forth the reasons
which justify the action.
[Amended 4-14-2015 by Ord. No. 233]
The 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. Any person who fails
to comply with the provisions of this chapter shall, upon conviction
thereof, forfeit no less than $50 nor more than $500 plus the costs
of prosecution for each violation and, in default of payment of such
forfeiture costs, shall be imprisoned in the County Jail until payment
thereof, but not exceeding 30 days. Each day a violation exists or
continues shall constitute a separate offense. In addition, the remedies
provided in §§ 236.30 and 236.31, Wis. Stats., shall
be available to the City.
