No land shall be divided or subdivided which is held unsuitable
for the proposed use by the Plan Commission for reason of flooding,
inadequate drainage, adverse soil or rock formation, unfavorable topography,
inadequate water supply or sewage disposal capabilities, incompatible
surrounding land use, or any other condition likely to be harmful
to the health, safety or welfare of the future residents or users
of the area or harmful to the City.
A.
Except as provided herein, the Plan Commission shall determine such
unsuitability at the time the preliminary plat is considered for approval.
The subdivider shall furnish such maps, data and information as may
be necessary to make a determination of land suitability. In addition
to the data required to be submitted with the preliminary plat, the
subdivider may be required to submit some or all of the following
additional information for development located in an area where flooding
or potential flooding may be a hazard:[1]
(1)
Two copies of an aerial photograph, or two maps prepared by a registered
land surveyor or engineer, which accurately locates the proposed development
with respect to floodplain zoning district limits if present, channel
or stream, fill limits and elevations, and floodproofing measures
taken or proposed to be taken.
(2)
Two copies of a typical valley cross section showing the channel
of the stream, the floodplain adjoining each side of the channel,
cross-sectional area to be occupied by the proposed development, and
high water information.
(3)
Two copies of a profile showing the slope of the bottom of the channel
or flow line of the stream.
(4)
Such other data as may be required.
B.
The subdivider may, as part of the preapplication procedures, request
a determination of land suitability, provided that he shall provide
all necessary maps, data and information for such a determination
to be made.
A.
When a proposed subdivision is located in an area where flooding
or potential flooding may be a hazard, the Plan Commission shall transmit
to the Wisconsin Department of Natural Resources one set of the information
required and shall request the Department to provide technical assistance
in determining whether the land is suitable or unsuitable for the
use and development proposed or whether certain modifications, limitations,
improvements, or other conditions on the development can overcome
the land unsuitability.
B.
Where a proposed subdivision is located wholly or partly in an area
where flooding or potential flooding may be a hazard, the Plan Commission
shall apply the following standards in addition to all other requirements
in the approval of plats and certified survey maps:
In applying the provisions of this article, the Plan Commission
shall, in writing, recite the particular facts upon which it bases
its conclusion that the land is unsuitable for the intended use or
development and afford the subdivider an opportunity to present evidence
regarding such unsuitability, if he so desires. Thereafter the Plan
Commission may affirm, modify, or withdraw its determination of unsuitability.
The subdivider may appeal the determination of land suitability
as provided by § 62.23(7)(e)10 to 15, Wis. Stats.
The provisions of this chapter shall not apply to transfers
of interest in land by will or pursuant to court order; leases for
a term not to exceed 10 years, mortgages or easements; or 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,
the City zoning ordinances or other applicable laws or ordinances.
