[HISTORY: Adopted by the City Council of the City of Two
Rivers (Title 12, Ch. 1, of the 1981 Code). Amendments noted where
applicable.]
A.
For the purpose of this chapter, the following terms and words are
defined as follows and shall have these meanings unless it shall be
apparent from the context that different meanings are intended:
- CERTIFIED SURVEY MAP
- Required on all divisions of land other than subdivisions or division of land in subdivisions which divide land into parcels of 10 acres or less. Such map shall not contain more than four parcels which are five acres each or less.
- COUNCIL
- The Council of the City of Two Rivers.
- FINAL PLAT
- A map or chart of a land division made in conformity with the requirements of Ch. 236, Wis. Stats., and which has been accurately surveyed and such survey marked on the ground so that streets, alleys, blocks, lots and other divisions thereof can be identified.
- LAND DIVISION
- Any change, redivision or rearrangement in the boundary or division lines of a parcel of land or public thoroughfare.
- PLATTING ACT
- Chapter 236, Wis. Stats., and amendments thereto.
- PRELIMINARY PLAT
- A map or chart of a proposed land division made prior to the preparation of a final plat and in conformity with the requirements therefor in these regulations.
- SUBDIVIDER
- Any person laying out or making a land division for the purpose of first sale, offering for first sale or first selling for himself or others a subdivision or any part thereof.
- SUBDIVISION
- The division of a lot, parcel or tract by the owner thereof, or his agent, for the purpose of transfer of ownership or building development, where the act of division creates five or more parcels or building sites of five acres or less in area or where the act of division creates five or more parcels or building sites of five acres each or less in area by successive division within a five-year period.
- SURVEY MAP
- Required where redivision of land in a subdivision takes place, provided that no new exterior boundary corners are created.
B.
When not inconsistent with the text, words used in the present tense
include the future, words in the singular number include the plural,
words in the plural number include the singular, and the word "shall"
is mandatory, not directory.
Hereinafter, all land divisions made within the City and outside
the City within three miles of the limits thereof, except any within
another incorporated City or within an incorporated village, shall
conform to this chapter and to the requirements of the Platting Act.
Said land divisions and all future subdivisions shall conform to any
Official Map and to any plan of proposed future development of Two
Rivers and environs adopted by the Council.
A.
Minimum lot size. Minimum area for sewered lots shall be 7,200 square
feet. Unsewered lots shall meet the minimum area requirements of Ch.
SPS 383 and Ch. SPS 385 of the Wis. Adm. Code.
B.
Access and frontage. All lots shall front on a public road for a
distance of at least 60 feet and shall have vehicular access thereto.
Access or frontage by means of easement is not acceptable.
C.
Streets. Culs-de-sac exceeding 600 feet in length shall be extended
by easement to the property line connecting with existing or proposed
roads whenever possible. All streets shall have a minimum of 60 feet
of right-of-way. The right-of-way diameter of a cul-de-sac shall not
be less than 100 feet. All streets shall meet the requirements of
§ 12-1-5B(6) through (13).
D.
Development plan. Should the proposed division create two or more
parcels of five acres or less within a five-year period, a development
plan for the entire property shall be submitted showing all future
land uses on all future roads along with their connection or future
connection with adjacent existing or planned roads or streets.
E.
Preliminary review. The applicant shall present a preliminary certified
survey map to the Plan Commission, which Commission shall:
(1)
Review it for overall consistency with the provisions of this chapter
and the plans and policies of the City of Two Rivers.
(2)
For divisions outside the City, a copy shall be presented to the
board of the town in which the property is located for its comments.
If no comment is received or no request for an extension is received
by the Plan Commission within 10 days, the Plan Commission may assume
the town board has no comment. Upon request, an extension of up to
30 days may be granted.
(3)
The Plan Commission shall make a determination whether the preliminary
certified survey map meets the requirements of this chapter, and after
so determining, then a letter approving or denying the certified survey
map shall be forwarded to the party originally submitting said preliminary
certified survey map to the agency.
F.
Additional information. The map shall show correctly on its face,
in addition to the information required by § 236.34, Wis.
Stats., the following:
(1)
All existing buildings, watercourses, drainage ditches and other
features pertinent to proper division.
(2)
Location of access to public road, approved by agency having jurisdiction
over road.
(3)
All lands reserved for future public acquisition.
(4)
Date of the map.
(5)
Graphic scale.
(6)
Name and address of the owner, subdivider and surveyor.
G.
Certificates.
(1)
The surveyor shall certify on the face of the map that he has fully
complied with all the provisions of this chapter.
(2)
Dedication of streets and other public areas shall require, in addition,
the owner's certificate and the mortgagee's certificate
in substantially the same form as required by § 236.21(2)(a),
Wis. Stats.
A.
Preliminary consultation. A subdivider proposing to make a land division
within the City or within three miles of the limits thereof shall
first obtain the information referred to below:
(1)
Requirements and procedure according to Ch. 236, Wis. Stats.
(2)
Requirements and procedures according to this chapter.
(3)
Requirements and procedure according to other applicable state or
local regulations.
(4)
Location, width and alignment of planned future streets on the Official
Map or on any official plan and according to Title 10, Zoning Code.
(5)
Policy of the City and any requirements as to street grades, widths
and improvement, and grades and sizes of walks, curb and gutter, sewer
and water lines, storm drains, driveways and other features to be
installed. The subdivider shall then confer informally with the City
Plan Commission and with the City Manager or such other official as
the City Manager may designate, discussing the ideas of both with
respect to the layout of the proposed land division and resolving
any question on requirements and procedure. Conferences should continue
until mutual agreement on layout is achieved.
B.
Subsequent procedure. After preliminary consultation, the subdivider
shall then proceed as follows:
(1)
Before causing a survey and land division to be made, prepare a preliminary
plat according to the requirements herein and file same with required
copies and accompanying data with the City Clerk.
(2)
Receive the results of action by the Council, which will be tentative
approval, disapproval, or tentative approval conditioned upon certain
modifications. In such actions, the Council may specify what improvements
shall be installed by the Subdivider. Council action will follow receipt
of a report by the City Plan Commission.
(3)
Make any required modifications in the preliminary plat and cause
the survey and land division to be made in conformity thereto and
in accordance with the requirements of the Platting Act.
(4)
Install such improvements as may be required, or in lieu thereof,
with Council approval, post a surety bond insuring the performance
as required within a specific period of time in the future.
(5)
Prepare the final plat in accordance with the requirements of the
Platting Act and this chapter and submit to the Council and to other
approving agencies designated in said Act.
A.
A preliminary plat and a final plat shall be designed with reference
to the standards hereinafter established, said standards being for
the purpose of guiding and accomplishing coordinated, adjusted and
harmonious development of the City which will, in accordance with
existing and future needs, best promote public health, safety, order,
convenience and the general welfare, as well as efficiency and economy
in the process of development.
B.
The following design standards are hereby established:
(1)
The design shall conform to the Official Map and to any applicable
plan for future development or redevelopment of the City and its environs
within three miles of the limits thereof.
(2)
Natural topographic and scenic features and ground cover of considerable
value shall be preserved. Surface drainage shall be provided for by
the subdivider by adequate storm drains or by maintenance of natural
stream channels.
(3)
The location, width and alignment of trunk highways and major thoroughfares
shall conform to the Official Map, to the Major Thoroughfare Plan
and to any other applicable plan.
(4)
The street pattern shall be adequate to serve platted lots when developed
and to provide good circulation throughout the subdivision, shall
intersect existing or planned trunk highways and major thoroughfares
at infrequent intervals only, shall be suited to the topography, and
shall not be such as to obstruct the development of adjoining unsubdivided
lands in conformity with these design standards. The street pattern
shall be such as to discourage through traffic from using minor streets
in the subdivision.
(5)
Minor streets for typical residential development when of a length
of 1,600 feet or more shall be not less than 60 feet in width. No
cul-de-sac shall be more than 600 feet long. For streets having continuous
lengths less than these, a lesser width, but not less than 50 feet,
may be provided. The roadway diameter of the cul-de-sac shall be not
less than 100 feet. A central island of planting shall be provided
in a cul-de-sac, in which case the roadway around the island shall
be not less than 36 feet in width.
(6)
Streets shall intersect or intercept each other at right angles with
variations of not more than 10°.
(7)
Grades along major thoroughfares shall be not greater than 5%. Grades
along other streets shall be the minimum consistent with good design
and topographic conditions. Grades of all streets, walks and alleys
shall be approved by the City Engineer.
(8)
Desirable radii of curvature along center lines should be 800 feet
or more for major thoroughfares, with 500 feet the minimum acceptable,
and should be 300 feet for other streets ,with 100 feet the minimum
acceptable.
(9)
At residential street corners, the street lines (property lines)
at each corner shall be connected by circular arcs each having a radius
of not less than 10 feet. The curblines (or lines designating outside
edges of roadways) shall be connected by circular arcs, each having
a radius of not less than 20 feet. At business and industrial street
corners, these lines shall be similarly connected or shall be connected
by equivalent chords of the specified arcs.
(10)
Alleys shall be not less than 20 feet in width and may be required
at the rear of lots to be used for multiple dwelling, commercial and
industrial purposes, lots fronting trunk highways and major thoroughfares,
and other lots needing a secondary means of access. Alleys need not
be provided elsewhere, and it is usually definitely preferable that
they be omitted.
(11)
Boundary streets may be employed where the full street width
is already decided or will be completed by the platting underway,
but otherwise boundary streets should be employed only where they
are needed for an adequate street pattern or the development of adjoining
land.
(12)
The relation of the street pattern to railroads, trunk highways
and major thoroughfares, including all limited-access traffic ways,
shall be such that unlimited access to and from such facilities will
not be provided. Achievement of this condition requires the provision
of local service streets parallel to any such facility or the rearing
of lots upon its right-of-way line and providing intersections at
infrequent intervals.
(13)
Street names for streets which are extensions of existing streets
shall be the same. Street names for these and for other streets shall
be subject to Council approval.
(14)
Residential blocks shall normally be of sufficient width for
two tiers of lots. Block lengths shall be determined by circulation
and other needs. A pedestrianway not less than 10 feet in width shall
be required approximately midway in a block that is more than 700
feet in length. Where residential blocks with lots deeper than 200
feet are proposed, a reservation for a future street through the middle
of the block, longitudinally, may be required.
(15)
Every lot shall front on a street. Lot areas and width, yards
around buildings and proposed uses shall be indicated. Corner lots
shall have sufficient width to provide required building lines or
yards on all street sides in addition to the width required for a
building. In the absence of applicable zoning regulations, no residential
lot shall contain less than 7,200 square feet of area, have a width
of less than 60 feet at the building line, have an average depth of
less than 120 feet, or have a building line or front yard depth of
less than 30 feet. Lots running through a block from street to street
shall not be approved unless proposed rear lots are along a trunk
highway or major thoroughfare where limitation of access is a desired
condition. The minimum width for lots fronting on corners or curves
the angle of which is greater than 70° or on the curved portion
of culs-de-sac shall be 40 feet, providing the width at the building
setback line is not less than 70 feet.
(16)
Ordinarily, side lot lines shall be at right angles to street
lines and radial to curved street lines.
(17)
Lines of proposed easements for utility installation, use and
maintenance shall ordinarily be shown across the rear of lots, and
the width of a single easement shall be not less than 10 feet, and
the width of two parallel adjoining easements shall be not less than
16 feet.
(18)
The Council shall require that when land to be subdivided embraces
all or part of an arterial street, drainageway or public way which
has been designated in the Comprehensive Plan or component, or on
the Official Map, the public way shall be made a part of the plat
and dedicated or reserved by the subdivider in the locations and dimensions
indicated on the plan or map, as set forth in § 12-1-7 of
this chapter.
(19)
Prior to sale of any lot, the subdivider shall have provided
electric service to that lot.
In order that adequate space and sites for public uses may be
properly located and preserved as the community develops, and in order
that the cost of providing the park and recreation sites and facilities
necessary to serve the additional families brought into the community
by subdivision development may be more equitably apportioned on the
basis of the additional need created by the individual subdivision
development, the following provisions are established:
A.
Wherever a proposed playground, park, school site or other public
land, other than streets or drainageways, designated in a Comprehensive
Plan, component part thereof or on an official map of the City, is
embraced, all or in part, in a tract of land to be subdivided, these
proposed public lands shall be so designed as to be made an integral
part of the plan and/or certified survey map and may be dedicated,
but in any case, shall be reserved for acquisition at undeveloped
land costs by the agency having jurisdiction prior to preliminary
plat approval, unless extended by mutual agreement.
B.
In the design of a subdivision, consideration shall be given to the
adequate provision of and correlation with public sites or open spaces.
Where it is determined by the City Plan Commission that a portion
of the area is required for such public sites or open spaces, the
subdivider may be required to reserve such area for acquisition at
undeveloped land costs by the agency having jurisdiction prior to
preliminary plat approval, unless extended by mutual agreement.
C.
Wherever a subdivision abuts a public use area, such as a park, lake,
stream or any similar type of public recreational area, the subdivider,
at the option of the Plan Commission, shall provide an access thoroughfare
at least 60 feet wide, connecting such public area with a public street
so that there shall be adequate public access to the public use area
as determined by the Commission.
D.
Within the corporate limits, where feasible and compatible with the
Comprehensive Plan for development of the community, the subdivider
shall dedicate to the public adequate land to provide for the park
and recreation and other public facility needs of the subdivision
at such locations approved by the City. Normally a neighborhood park
shall be at least five acres.
(1)
The amount of land to be provided shall be determined on the basis
of an amount of land equal in value to $80 per residential housing
unit created by a subdivision if utilized to the maximum allowable
density under Title 10, Zoning Code, to be used for park and recreation
purposes, and $100 per residential housing unit created in the same
manner, to be used for school purposes. The dedication of land for
public purposes, such as parks, rights-of-way, school sites and easements,
becomes effective at the time of approval and recording of the certified
survey map or the final plat.
(2)
Where such dedication is not feasible or compatible with the Comprehensive
Plan, as determined by the City, the subdivider shall in lieu thereof
pay to the City a fee equivalent to the value of the required dedication.
Such fee shall be determined as follows:
(a)
$100 per residential housing unit created by a subdivision if
utilized to the maximum allowable density under Title 10, Zoning Code,
to be held in a nonlapsing fund for the benefit of the school district
in which the plat lies.
(b)
$80 per residential housing unit created by a subdivision if
utilized to the maximum allowable density under Title 10, Zoning Code,
to be placed in a nonlapsing fund to be used for park and recreation
area development.
(c)
Such fee shall be used exclusively for immediate or future site
acquisition or capital improvement.
(d)
No payment shall be required for a lot created by a subdivision
of land under this chapter, on which a residential structure already
exists, or which is a residual parcel in excess of five acres and
not intended for immediate sale or conveyance.
(e)
Payment may be in a lump sum or 50% paid at the time of certified
survey map or final plat approval and the balance to be paid within
one year, such deferred payment to be guaranteed by surety bond or
other satisfactory financial guarantee to the City. Payment may also
be made on each lot as it is sold, provided owners execute a plat
agreement providing for such payment, which agreement shall be in
recordable form and constitute a lien upon each lot to the extent
of the required payment. The required payment shall be made before
the certification of approval may be affixed to the final plat. After
the final plat has been recorded, no lot or parcel may be further
divided by replat, certificate of survey or conveyance, as defined
in § 706.01(4), Wis. Stats., and no building permit may
be issued therefor unless:
[1]
Such further division has been approved by the Plan Commission
as being in accordance with the purpose of this chapter and with the
purposes of Ch. 236, Wis. Stats.; and
[2]
Payment of the fee of $100 for school purposes and $80 for park
and recreation purposes for each additional residential housing unit
created by the division if utilized to the maximum allowable density
under Title 10, Zoning Code. A redivision that results in a lower
overall density shall not entitle the owner to a refund. This section
shall apply to all plats approved after the date of adoption of this
chapter. This section shall not apply to:
(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 and by Ch. 236 of Wisconsin Statutes.
(a)
The proportional payment in lieu of dedication as set forth in Subsection D(2)(a), (b) and (c) above shall be paid for all certified survey maps and the Register of Deeds of the county in which the land is located shall not accept a certified survey map for recording unless the map has been approved by the City.
(b)
Land values set forth in this section shall be determined by
the City Assessor on the basis of full and fair market value of the
land as unimproved and unsubdivided residential property. If the owner
is not satisfied with any such appraisal of value, he may appeal such
determination, in which case an appraisal board consisting of one
appraiser selected by the City at its own expense, one selected by
the owner at his own expense, and a third selected by the other two
appraisers at City expense, shall determine the value.
E.
Reservation of areas for the exclusive use of the occupants of a
subdivision may be agreed to by the Council when not contrary to the
public health, safety, morals or the general welfare, and such shall
be clearly marked "Private _____" on the final plat.
A.
A preliminary plat shall be clear and legibly drawn on tracing paper
or tracing cloth of good quality and all prints or copies thereof
shall be clear and legible. The size of the tracing shall be 22 inches
by 30 inches. It shall be on a scale of not more than 100 feet equals
one inch to show clearly all detail thereof.
B.
A preliminary plat, together with accompanying sheets of data and
other materials as are needed for the purpose, shall contain the following
data:
(1)
Proposed name of the subdivision.
(2)
North point arrow, the map scale, preferably a scale of one inch
equals 100 feet, and date of preparation.
(3)
Names and addresses of the owners, lien holder, subdivider, surveyor
or engineer and designer.
(4)
Sufficient description to define the location of and boundary of
the land to be divided and the location and names of all existing
subdivisions, streets (and street widths) and unsubdivided property
adjoining the proposed land division between it and the nearest existing
streets, and for a distance of not less than 600 feet beyond the boundaries
of the subdivision. A small-scale vicinity plan shall be submitted
when necessary to define the location of the land to be divided.
(5)
A sketch approximately to scale clearly indicating an ultimate street
and block layout for the entire ownership when only a portion is proposed
to be divided.
(6)
Locations, names, widths and existing and proposed finished grades
of all streets, highways, major thoroughfares, alleys and ways in
the subdivision.
(7)
Locations and widths of all easements and rights-of-way for drainage,
sewerage, public utilities or railroads, or easements for other purpose.
(8)
Lot lines with approximate dimensions.
(9)
The water elevations of adjoining lakes or streams at the date of
the survey and approximate high- and low-water elevations of such
lake or stream, all referenced to USGS datum.
(10)
Designation of areas which, before improvement, are subject
to inundation or stormwater overflow, and location of all watercourses
and drainage ditches.
(11)
Clear designation of any reservations and their proposed uses,
and of proposed public street easements and other areas proposed to
be dedicated for public purposes.
(12)
The locations and types of existing structures, the locations
of large trees and other ground cover and contour lines at vertical
intervals of two feet or less, referenced to USGS datum.
(13)
Locations and approximate sizes and grades of existing and proposed
water, sewer, gas, telephone and electric lines, sidewalks, curbs,
gutters, roadways, paving, tree plantings and other landscaping.
(14)
Standard street cross sections and all variations from standard,
each showing location of property lines, locations and sizes of sidewalks,
curbs, roadways, pavements, tree plantings, landscaping, sewer, gas,
water, electric and telephone lines.
(15)
A profile showing existing and proposed center-line grades of
streets and sidewalks, gutters and sewers, and containing notations
as to gradient and vertical curvature.
(16)
Approximate radii of all curves.
(17)
Statement of the improvements proposed to be made or installed
and of the time of completion of improvements.
(18)
A drainage plan for each block within the proposed subdivision
as well as reasonable distance beyond the subdivision limits. This
drainage plan shall include the final grade elevations to be maintained
along rear lot lines. Should the approved drainage plan require any
grading or the installation of stormwater drainage facilities within
any block or blocks, the subdivider shall cause such grading or other
improvements to be installed at his expense at the same time the subdivision
improvements are being installed. Contour information in the drainage
plan shall be at vertical intervals of not more than two feet where
the slope is less than 10% and not more than five feet where the slope
is greater than 10%. All elevations shall be based on the verified
datum plan of the City of Two Rivers.
C.
To insure compliance with the approved drainage plan, a covenant
shall be included on the face of the final plat referring to the drainage
plan at the time of approval of the plat requiring compliance therewith
by the developer.
A.
The tracing and four dark line prints of the preliminary plat and
the original and four copies of sheets of data accompanying said plat
shall be filed with the City Clerk, who shall collect a filing fee
as set forth in § 1-2-1, said fee being to defray a portion
of the cost of time of City officials in checking the adequacy of
the preliminary plat.
B.
Under each of the following conditions one additional print and copy
of sheets of data shall be required in filing and shall be referred
by the City Clerk to the City Plan Commission with a request that
recommendations, if any, be transmitted to the Council:
Additional distribution of the prints and copies of data sheets
by the City Clerk shall be as follows: one copy of each to the City
Engineer and copies to other approving or reviewing agencies as required
by § 236.12, Wis. Stats. One print and one copy of sheets
of data shall be retained until after action thereon by the Council,
and immediately thereafter shall be returned to the subdivider with
notations of approval by the Council, disapproval or approval with
modifications, with required modifications indicated or explained.
The City Engineer shall check the preliminary plat with reference
to the requirements of this chapter and in the Platting Act. He shall
note any requirements not fulfilled, any modifications deemed necessary
and improvements that should be installed, with specifications therefor,
and give such findings and conclusions as recommendations to the City
Plan Commission. Such agency shall then give its conclusions and recommendations
to the Council in a verbal or written report.
Within 40 days after the date of filing the preliminary plat,
the Council shall be given the report by the City Plan Commission
and shall consider this together with the preliminary plat, and shall
act to tentatively approve said plat, disapprove it, or tentatively
approve it with modifications. Within three days after such actions,
the City Clerk shall give to the subdivider, or mail to him at his
last-known address, a print of the preliminary plat and a copy of
the accompanying sheets of data, together with notification of the
Council's action thereon.
At the time of taking action on the preliminary plat, the Council
shall indicate what improvement of streets, alleys, electric service
and public places, the latter including curbs, gutters, walks, sewers,
water lines and drainage facilities, shall be installed and when,
as a condition precedent to plat approval, provided that, in lieu
of installation prior to plat approval, a surety bond running to the
City to insure the performance of such installation within a required
time may be required. The Council may also, as a condition precedent
to the approval of the final plat, require the owner to enter into
an agreement providing for additional improvements proposed to be
shown on the plat, such as lagoons, slips, waterways, lakes, bays
or canals not then in existence, and may require a surety bond running
to the City to insure such performance.
The subdivider or owner shall cause the survey and the land
division to be made in conformity with the preliminary plat as tentatively
approved within the requirements of the Platting Act. When the survey
and land division is completed, the subdivider or owner may then cause
a final plat thereof to be made in accordance with the requirements
of the Platting Act. Accompanying the final plat shall be a final
plan of all the improvements to be installed by the owner or subdivider
with final grades and profiles for those improvements, the grades
and profiles of which were required with the preliminary plat. The
affidavits and certificates appearing on the final plat shall be at
least all those required in the Platting Act.
[Amended at time of adoption of Code (see Title 1, General
Provisions, Ch. 1-1, Art. III)]
Unless the filing of a final plat is within 36 months from the
date of action by the Council on the preliminary plat, the subdivider
shall again file the original preliminary plat of a new preliminary
plat unless a variation from this requirement following a written
request therefor, with reasons, is permitted by the Council.
The final plat and all accompanying data required by this chapter
and by the Platting Act, and a tracing thereof, shall be filed with
the City Clerk, who shall present same to the Council at its next
meeting. If no meeting is to be held within two weeks the City Clerk
shall notify the members of the Council of the receipt of the plat,
and a meeting to consider it shall be held within two weeks after
such receipt. Within one day after receipt, the City Clerk shall deliver
one copy of the final plat and all accompanying data to the City Engineer
and shall deliver one copy thereof to the City Plan Commission with
a notification of the date of the Council meeting for consideration
of the final plat. The City Clerk shall require the subdivider to
file sufficient copies of the final plat to enable him to comply with
§ 236.12, Wis. Stats., and he shall do so.
[Amended at time of adoption of Code (see Title 1, General
Provisions, Ch. 1-1, Art. III)]
The City Engineer shall check the final plat and accompanying
data for conformity with the requirements of this chapter and of the
Platting Act and shall give a verbal or written report thereon to
the City Plan Commission. Such agency shall then give its conclusions
and recommendations as to the adequacy of the final plat to the Council
at said meeting. The Council shall approve or reject the final plat
within 60 days after it is received by the City Clerk.
When the Council finds that the application of this chapter
to a proposed land division or to a preliminary or final plat thereof
would cause unnecessary hardship or practical difficulty, it may permit
such variations therefrom as are not contrary to the intent and purpose
of this chapter or the Comprehensive Plan or the Official Map or other
plans, and as are not in violation of the Platting Act or other applicable
law. The Council may adopt such variations as may be recommended by
the City Engineer or by the advisory agency. The nature of such shall
be recorded in the proceedings of the Council.
The preparation and submission of a tentative plat, as provided
for in the Platting Act, instead of a preliminary plat as required
herein, shall be optional with any subdivider, but such tentative
plat shall satisfy the requirements herein for a preliminary plat
unless variations therefrom are permitted by the Council and shall
conform to the requirements of the Platting Act.
A.
Any change, redivision, or rearrangement in the boundary or division
lines of any parcel of land which does not create a subdivision, or
otherwise require Plan Commission action, must be approved by the
Zoning Administrator. Any person desiring to make such a land division
shall make a written application to the Zoning Administrator accompanied
by two preliminary maps showing the existing parcel and the changes
desired. If the proposed land division is in compliance with all applicable
City ordinances and applicable laws, and the plans and policies of
the City of Two Rivers, the Zoning Administrator shall approve the
proposed division in writing. If the Zoning Administrator does not
approve the proposed land division, such determination shall also
be made in writing.
B.
Appeals from a decision of the Zoning Administrator hereunder may
be filed in accordance with § 2-5-2 of this Code for consideration
by the Board of Appeals, which is hereby granted the authority to
review such decisions. Such appeal must be made within 30 days of
receipt of the decision from which appeal is made.
C.
Upon approval of a land division by the Zoning Administrator or the
Board of Appeals, the applicant shall record a certified copy of such
approval, together with the survey map of the land division required
by the City, in the Office of the Register of Deeds for Manitowoc
County, and within 30 days after such recording, a copy of the approval
and survey map as recorded shall be filed with the City Assessor,
who shall enter such changes on the assessment roll. The description
so entered on the assessment roll shall be considered the official
record of all lands in the City for purposes of interpreting provisions
under this Title. No land division shall be effective until filed
with the City Assessor. No building permit shall be issued for the
construction of any structure on any parcel of land in the City which
has been divided or rearranged in violation of this section.
D.
If the Zoning Administrator is unable for any reason to determine
whether any application made under this section should be approved,
he/she may refer the application to the Board of Appeals for determination.
A.
A new City bench mark is established at the flat surface chiseled
out of the extreme southwest corner of the base of the monument in
East Central Park.
B.
The datum plane, as now established, is 20.59 feet below such new
bench mark.
C.
Such new bench mark is 1.81 feet above the water table of the Police
Department Building (formerly the City Hall building) of the City;
such water table being the bench mark heretofore used for reference
to the established datum plane.
Any person who shall violate any provision of this chapter shall
be subject to the general penalty as provided in § 1-1-5
of this Code.
