[Amended by Ord. No. 701-89; Ord. No. 728-91]
Jurisdiction of these regulations shall include
all lands within the corporate limits of the City and those lands
within the extraterritorial jurisdiction of the City as established
in §§ 62.23(2) and 66.0105, Wis. Stats. The provisions
of this chapter, as it applies to divisions of tracts of land into
fewer than five parcels, shall not apply to the following:
A.
Transfers of interest in land by will or pursuant
to court order.
B.
Leases for a term not to exceed 10 years, mortgages
or easements.
C.
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 size required
by these regulations, the zoning ordinances or other applicable laws
or ordinances.
D.
Cemetery plats made under § 157.07, Wis.
Stats.
E.
Assessors' plats made under § 70.27, Wis.
Stats., but such Assessors' plats shall comply with §§ 236.15(1)(a)
to (g) and 236.20(1) and (2)(a) to (e), Wis. Stats.
No person shall divide any land located within
the jurisdictional limits of these regulations so that such division
results in a subdivision, minor land division or replat, as defined
herein; no such subdivision, minor land division or replat shall be
entitled to recording; and no street shall be laid out or improvements
made to land without compliance with all requirements of this chapter
and the following:
A.
Chapter 236, Wis. Stats.
B.
Rules of the Wisconsin Department of Commerce regulating
lot size and lot elevation if the land to be subdivided is not served
by a public sewer and provisions for such service have not been made.
C.
Rules of the Wisconsin Department of Transportation
relating to safety of access and the preservation of the public interest
and investment in the highway system if the land owned or controlled
by the subdivider abuts on a state trunk highway or connecting street.
D.
Rules of the Wisconsin Department of Natural Resources
setting water quality standards, preventing and abating pollution
and regulating development within floodland, wetland and shoreland
areas.
E.
Duly approved comprehensive plan or area development
plans of the City.
G.
A developer's or subdivider's agreement between the
City and the developer or subdivider.
A.
Streets, highways and drainageways. Whenever a tract of land to be divided encompasses all or any part of a major street, public drainageway or other public way which has been designated in the Comprehensive Plan, area development plan or on the Official Map of the City, said public way shall be made a part of the plat and dedicated or reserved by the subdivider in the locations and dimensions indicated on said plan or component and as set forth in Article VIII of this chapter. Streets within the extraterritorial plat review jurisdiction of the City shall be dedicated by the subdivider to the appropriate town. Should the town require less dedication than is specified by Article VIII of this chapter or by the Official Map, the excess right-of-way shall be reserved for future acquisition by the City.
B.
Public sites and open spaces. In order that adequate
open spaces and sites for public uses may be properly located and
preserved as the community develops, the following provisions are
established:[1]
(1)
In the design of the plat, due consideration shall
be given to the reservation of suitable sites of adequate area for
future schools, parks, playgrounds, drainageways and other public
purposes. If designated on the Comprehensive Plan, such areas shall
be made a part of the plat. If not so designated, consideration shall
be given in the location of such sites to the preservation of scenic
and historic sites, stands of fine trees, marshes, lakes and ponds,
watercourses, watersheds and ravines.
(2)
Reservation of potential sites shall be accomplished
as follows:
(a)
Immediate site acquisition. When a portion of
a plat is required for public sites and the site is within the corporate
limits of the City and the development of the site is imminent, the
subdivider shall provide for immediate acquisition by the City of
adequate land to provide for the school, park and recreation needs
of the City. The subdivider shall not be paid more than fair market
value for land involved. An appraisal shall be done by an outside
appraiser approved by the subdivider and the City. Cost of the appraisal
shall be shared equally by the subdivider and the City.
(b)
Reservation may be required. Where it is determined
by the Plan Commission that a portion of the plat is required for
such public sites or open spaces but the sites will not be immediately
developed by the City, the subdivider may be required to reserve such
area for a period of not to exceed two years, after which the City
shall either acquire the property or release the reservation.
(c)
Design consideration. In the design of all plats,
consideration shall be given to the correlation with the Park and
Recreation Commission's Master Plan for Public Sites and Open Spaces.
In all cases, small subdivision parks shall be avoided unless the
Park and Recreation Commission sees the need to develop a tot lot
and equip the same.
(3)
Reservation of land for potential public sites. When
it is determined that a portion of a plat is required to be reserved
for a future possible public site, the subdivider shall be paid 10%
if the fully improved appraised value of the land in question is in
the form of an option, said option not to exceed two years. The subdivider
shall not be paid more than current fair market value for the land
involved. An appraisal shall be done by an outside appraiser approved
by the subdivider and the City. Cost of the appraisal shall be shared
equally by the subdivider and the City.[2]
Before final approval of any plat, the subdivider
shall enter into an agreement with the City to install the required
improvements and shall file with the subdivider's agreement an irrevocable
letter of credit or other appropriate sureties meeting the approval
of the City Attorney equal to the estimated cost of the improvements.
Improvement cost estimates shall be made by the developer, reviewed
by the Director of Public Works and approved by the Council. The improvements
may be installed after approval of a preliminary plat or certified
survey map by the subdivider or his subcontractors, but not later
than one year from the date of recording of the final plat, or as
provided in the subdivider's agreement. The subdivider's agreement
shall specify a completion date for all improvements. In addition:
A.
Plans and specifications for all improvements shall
be reviewed and approved by the Director of Public Works, in writing,
prior to commencement of construction. The subdivider may submit an
interim final plat with the improvement plans; however, review and
approval of a final plat shall not be initiated until the improvement
plans have been reviewed and approved and until the subdivider's agreement
has been fully executed.
B.
Contracts and contract specifications for the construction
of street and utility improvements on dedicated street rights-of-way,
as well as the contractors and subcontractors providing such work,
shall be subject to the prior written approval of the Director of
Public Works in accordance with City standards and specifications.
C.
Governmental units to which these bond and contract
provisions apply may file, in lieu of said contract and bond, a letter
from officers authorized to act on their behalf agreeing to comply
with the provisions of this section.
D.
Before final approval of any plat within the City
or its extraterritorial jurisdictional limits, the subdivider shall
install survey monuments placed in accordance with the requirements
of § 236.15, Wis. Stats., and as may be required by the
Director of Public Works.
E.
Prior to the acceptance of a final plat, the subdivider
shall furnish, when required by the City, a consent and waiver of
the statutory provisions for special assessments for the installation
of sanitary sewer, storm sewer, sewer laterals, water main, water
laterals, curb and gutter, sidewalks, street surfacing, underground
streetlighting services and all other utilities, which shall be in
a form approved by the City Attorney, pursuant to § 66.0703(7)(b),
Wis. Stats., and shall be recorded in the office of the Register of
Deeds in the same manner as a lis pendens. Such consent and waiver
shall provide that the installation of such services shall be made
at the discretion of the Council.
A.
General. Where, in the judgment of the Council, it would be inappropriate to apply literally the provisions of § 425-12 below and Article VIII and § 425-9 of this chapter because exceptional or undue hardship would result, the Council may waive or modify any requirement to the extent deemed just and proper. No variance to the provisions of this chapter shall be granted unless the Council finds that all the following facts and conditions exist and so indicates in the minutes of its proceedings:
(1)
Exceptional circumstances. There are exceptional,
extraordinary or unusual circumstances or conditions where a literal
enforcement of the requirements of this chapter would result in severe
hardship. Such hardships should not apply generally to other properties
or be of such a recurrent nature as to suggest that this chapter should
be changed.
(2)
Preservation of property rights. Such variance is
necessary for the preservation and enjoyment of substantial property
rights possessed by other properties in the same vicinity.
(3)
Absence of detriment. The variance will not create
substantial detriment to adjacent property and will not materially
impair or be contrary to the purpose and spirit of this chapter or
the public interest.
B.
Monuments. The Council may waive the placing of monuments,
required under § 236.15(1)(b), (c) and (d), Wis. Stats.,
for a reasonable time on condition that the subdivider execute a surety
bond or irrevocable letter of credit to insure the placing of such
monuments within the required time limits established by the City.
No land shall be subdivided for residential
use which is determined to be unsuitable for such use by the 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 City. The Council, in applying
the provisions of this section, 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, upon the recommendation of the Plan Commission, may affirm,
modify or withdraw its determination of unsuitability.
Any person aggrieved by an objection to a plat
or a failure to approve a plat may appeal such objection or failure
to approve as provided in § 236.13(5), 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.
