The City Plan Commission shall be responsible for the administration
of this chapter. The Common Council shall refer matters pertaining
to the control of subdivisions to the Plan Commission. The Plan Commission
shall have the duties, functions, powers, obligations and authority
as set forth by the applicable portions of § 62.23, Wis.
Stats. The Plan Commission may designate such persons as it deems
as necessary to assist in the administration of this chapter. The
Plan Commission shall consider each proposed subdivision and shall
make recommendations to the Common Council as to whether or not the
proposed subdivision complies with the requirements of this chapter.
Approval of the final plat and/or preliminary plat for any proposed
subdivision must be by the Common Council upon receipt of the recommendation
of the Plan Commission.
A.
The Plan Commission may permit modifications and variances from the
requirements of this chapter under the following conditions:
(1)
Because of unique topographic or other conditions of the land involved,
literal application of the provisions of this chapter would impose
undue hardship.
(2)
Conditions are attached to the approval that assure compliance with
the requirements of this chapter insofar as practical.
(3)
There is compliance with Ch. 236, Wis. Stats., and with other applicable
laws of the State of Wisconsin.
(4)
The public interest is secured and such variance or modification
will not have the effect of nullifying the intent and purpose of this
chapter.
C.
Any variances and modifications thus granted shall be entered in
the minutes of the Plan Commission setting forth the reasons which,
in the judgment of the Plan Commission, justified the variance or
modification.
D.
All variances and modifications thus granted by the Plan Commission
must be approved by the Common Council before becoming effective.
Any person, firm or corporation who or which fails to comply
with the provisions of this chapter shall, upon conviction thereof,
be subject to penalties and forfeitures as provided in §§ 236.30,
236.31, 236.32, 236.335, and 236.34, Wis. Stats.
