A.
Any division of land within the City or within its extraterritorial
plat approval jurisdiction which results in a subdivision or a minor
subdivision, as defined herein, shall be, and any other division may
be, surveyed and a plat thereof approved and recorded as required
by this chapter and Chapter 236 of the Wisconsin Statutes.
B.
The jurisdiction of these regulations shall include all lands within
the corporate limits of the City of Lancaster, as well as the unincorporated
area within the extraterritorial plat approval limits, and any such
division of land shall require the prior approval of the Plan Commission
and a map or plat thereof shall be recorded with the Register of Deeds
as provided in § 236.45 of the Wisconsin Statutes. The provisions
of this chapter as it applies to divisions of tracts of land into
less than five parcels shall not apply to:
(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)
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 these regulations,
the zoning ordinance, or other applicable laws or ordinances.
No person, firm or corporation shall divide any land located
within the jurisdictional limits of these regulations which results
in a subdivision, land division, or a replat as defined herein; no
such subdivision, land division or replat shall be entitled to record;
and no street shall be laid out or improvements made to land without
compliance with all requirements of this chapter and:
A.
The provisions of Chapter 236 and § 82.18, Wis. Stats.
B.
The rules of the Department of Safety and Professional Services contained
in Ch. SPS 385, Wis. Adm. Code.
C.
The rules of the Wisconsin Department of Transportation, contained
in the Wisconsin Administrative Codes.
[Amended 11-17-2014 by Ord. No. 2014-05]
D.
The rules of the Wisconsin Department of Natural Resources contained
in the Wisconsin Administrative Codes for Floodplain Management Program
and Shorelands Management.
E.
Duly approved Comprehensive Plan, Chapter 455, Zoning, the Official Map and all other applicable ordinances of the City of Lancaster.
F.
Applicable town and county ordinances.
Whenever a tract of land to be subdivided embraces all or any part of any arterial street, drainage way or other public way which has been designated in the Comprehensive Plan or Official Map of the City of Lancaster, 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 map and as set forth in Article VII of this chapter.
A.
The subdivider shall, before the recording of the plat or certified
survey map, enter into a contract with the City agreeing to install
the required improvements and shall file with said contract a bond
or letter of credit meeting the approval of the City Attorney or a
certified check in an amount equal to the estimated cost of the improvements,
said estimate to be made by the Common Council after review and recommendation
by the City Engineer or Director of Public Works, as a guarantee that
such improvements will be completed by the subdivider or his subcontractors
not later than one year from the date of recording of the plat unless
otherwise agreed to by the Common Council and as a further guarantee
that all obligations to subcontractors for work on the development
are satisfied. In addition:
[Amended 11-17-2014 by Ord. No. 2014-05]
(1)
Financial participation.
(a)
The developer must obtain approval from the City prior to the
start of construction if the developer desires the City to participate
financially in the development of a subdivision, with the City free
to withhold or limit financial participation at its discretion after
consideration of the City's available funding, the financial
stability of the developer, the financial stability of the contractor
and the current and future benefit to the City. City financial participation
in improvement costs will conform to the Common Council subdivision
financing policy. Unless otherwise agreed, the developer is responsible
for 100% of the cost of the development.
(b)
The developer must also sign a waiver of special assessment
notice and public hearing for items assessed by the City. This waiver
eliminates the need for the City to hold a public hearing on the assessable
items.
(c)
The developer must also execute a personal or corporate guarantee
to the City for repayment of all City expenditures on behalf of the
developer, which guarantee shall be secured by sufficient surety or
letter of credit, as approved by the City. This can be done by the
developer providing an irrevocable letter of credit containing the
following conditions:
(2)
Construction implementation. Projects are coordinated and administered
through the Department of Public Works. The developer must retain
a contractor, prequalified by the City, to install sanitary sewer,
storm sewer, laterals, water main, water services, grade and gravel
and internal grading and drainage.
(3)
Survey monuments. Before final approval of any plat within the City,
the subdivider shall install survey monuments placed in accordance
with the requirements of § 236.15 of the Wisconsin Statutes
and as may be required by the Common Council.
(4)
The televising of sanitary and storm sewers will be done by the City
and assessed to the developer. Televising normally takes place in
the spring following installation.
(5)
Construction financing.
(a)
The developer retains his own contractor who must be prequalified
by the City or, if he is a developer/contractor and is approved by
the City, then the developer may install all utilities. Financing
through the City must be arranged prior to the start of construction.
(b)
No final plat for the subdivision of land in the City of Lancaster
shall be approved by the Common Council until the subdivider has made
arrangements to install required improvements as hereinafter provided.
(c)
The contractor must furnish the developer the following (copy
to the City):
[1]
A performance bond in the amount of the contract, meeting the
approval of the Common Council, with the City of Lancaster listed
as a co-obligee, or if the developer is the contractor, then the developer/contractor
shall furnish the City with an irrevocable letter of credit or a certified
check in an amount equal to the estimate of cost of said improvements
as prepared by the Director of Public Works. Such bond, check, or
letter of credit shall constitute a guarantee that such improvements
will be completed by the subdivider or his contractors not later than
one year from the date of recording of the plat; however, sidewalks
may be completed at a later date as agreed to between the developer
and the City. Such bond, check, or letter of credit shall also constitute
a further guarantee that all obligations to subcontractors for work
on the development are satisfied. Such bond, check or letter of credit
shall also be prepared in such a way so as to allow the City to draw
upon it if the developer/contractor fails to pay his suppliers, subcontractors,
or employees.
[2]
An affidavit or written statement that wages have been paid
to all employees.
[3]
Lien waivers from subcontractors and suppliers.
[4]
A certificate of insurance equal to that required for City public
works construction.
(d)
The developer/contractor shall furnish the City with a tabulation
of final quantities and costs upon completion of construction.
B.
Subdivisions and land division outside the corporate limits. Before
final approval by the City of any plat or certified survey map for
land located outside the corporate limits of the City but within the
plat approval jurisdiction of the City, the subdivider shall give
evidence that he has complied with all street and utility improvement
requirements of the town in which the land being platted is located
as well as meeting the requirements of this chapter.
No land shall be divided for residential use which is held unsuitable
for such use by the Common 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 community.
The Common 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 may affirm, modify, or withdraw
its determination of unsuitability.
It shall be unlawful to build upon, divide, convey, record or
monument any land in violation of this chapter or the Wisconsin Statutes,
and no person, firm or corporation shall be issued a building permit
by the City of Lancaster authorizing the building on, or improvement
of, any subdivision, land division or replat within the jurisdiction
of this chapter not of record as of the effective date of this chapter
until the provisions and requirements of this chapter have been fully
met. The City may institute appropriate action or proceedings to enjoin
violations of this chapter or the applicable Wisconsin Statutes.
A.
Any person, firm or corporation who fails to comply with the provisions
of this chapter shall, upon conviction thereof, forfeit not less than
$100 nor more than $1,000 and the costs of prosecution for each violation
and in default of payment of such forfeiture and costs shall be imprisoned
in the county jail until payment thereof, but not exceeding six months.
Each day a violation exists or continues shall constitute a separate
offense.
B.
Enforcement.
(1)
Whenever it shall come to the knowledge of the City Engineer, Director
of Public Works, Building Inspector, or any member of City government
that this chapter or state statutes governing plats have been violated,
such violation shall be reported to the City Attorney and/or Common
Council for appropriate action.
(2)
No building permit shall be issued for any subdivision or plat thereof
until the provisions of this chapter have been complied with, and
no certificate of occupancy shall be issued until all required improvements,
except those specifically deferred, have been completed and approved
by the City Engineer and/or Director of Public Works.
[Amended 11-17-2014 by Ord. No. 2014-05]
(3)
The City Assessor is hereby instructed not to divide for assessment
or taxing purposes any properties that are being subdivided contrary
to these regulations until the reviewing authority and the City Attorney
have been notified and their recommendation submitted to the Common
Council.
Any person aggrieved by an objection to a plat or a failure
to approve a plat may appeal therefrom to the Board of Appeals, as
provided in §§ 236.13(5) and 62.23(7)(e), Wis. Stats.
