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.
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.
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.