[4-20-1976; 2016 Code]
This title shall be known as and may be cited as the land subdivision
regulations of the city of Monroe. The purpose of these regulations
is to regulate and control the division of land within the corporate
limits and extraterritorial plat approval jurisdiction of the city
to promote the public health, safety and general welfare of the community.
These regulations are designed to lessen congestion in the streets
and highways; to further the orderly layout and use of land; to insure
proper legal description and proper monumenting of subdivided land;
to secure safety from fire, panic and other dangers; to provide adequate
light and air; to prevent the overcrowding of land and avoid undue
concentration of population; and to facilitate the further resubdivision
of larger tracts into smaller parcels of land. These regulations are
formulated to facilitate enforcement of development standards as outlined
in this code, the comprehensive plan and official map of the city.
[4-20-1976; 2016 Code]
Any subdivision of land within the city, or its extraterritorial
plat approval jurisdiction, shall be, and any other division may be,
surveyed and a plat thereof approved and recorded as required by this
title and chapter 236, Wisconsin statutes. The provisions of this
title shall not apply to:
(A)
Transfer of interest in land by will or pursuant to court order.
(B)
Leases for a term of not to exceed 10 years, mortgages or easements.
(C)
Sale or exchange of parcels of land between owners of adjoining properties,
if additional lots are not thereby created and if the resulting lots
are not reduced below the minimum sizes required by chapter 236, Wisconsin
statutes, or this code.
(D)
Division of land for agricultural purposes of parcels of more than
10 acres not involving new streets or easements for access.
[4-20-1976; 4-16-1996; 2016 Code]
In this title:
Means those streets which carry traffic from minor streets
to the major system of major streets and highways and includes the
principal entrance streets to residential developments and streets
for circulation within such developments.
Means the unincorporated area within 1 1/2 miles of
the corporate limits of the city (a fourth class city). When the city
becomes a third class city, this area will be three miles from the
corporate limits.
Means the division of a parcel into lots or parcels, any
one of which is less than three acres in area for the purpose of sale
or building development.
Means those streets which are used primarily for fast or
heavy through traffic.
Means those streets which are parallel and adjacent to major
streets and highways and which provide access to abutting properties
and protection from through traffic.
Means those streets which are used primarily for access to
abutting properties.
Means a way for vehicular traffic, whether designated as
a street, highway, throughway, road, avenue, boulevard, lane, place
or however otherwise designated.
Means a division of a lot, parcel or tract of land by the
owner thereof or the owner's agent for the purpose of sale or of building
development, where: a) the act of division creates five or more parcels
or building sites of 1 1/2 acres each or less in area; or b)
five or more parcels or building sites of 1 1/2 acres each or
less in area are created by successive divisions within a period of
five years.
[4-20-1976; 11-21-1989 2-17-1993; 2016 Code; 9-21-2020]
(A)
Sales of lots, preliminary plat and final plat required. No person
proposing to make a subdivision within the territorial limits of these
regulations shall enter into any contract for the sale of, nor shall
offer to sell the subdivision or any part thereof, nor shall proceed
with any construction work, other than grading on the proposed subdivision,
until he or she has obtained from the plan commission and the council
the approval of the preliminary and final plat of the proposed subdivision
as required by this chapter.
(B)
City engineer, consultation. Before preparing and submitting the
preliminary plat to the plan commission, the subdivider, or his or
her engineer, shall consult with the city engineer while the plat
is in sketch form to determine the locations of proposed highways
or major streets, parks, playgrounds and other planned developments.
(C)
Compliance with design principles required. In planning and developing
a subdivision, the subdivider or his or her agent shall comply with
the general principles of design and minimum requirements for the
layout of subdivisions set forth in this Title, as well as chapter
236 of the Wisconsin statutes, and such other regulations as from
time to time become applicable.
(D)
School facilities. The owner or subdivider, when seeking approval
of a preliminary plat or division of land, shall offer proof as to
the name of the school district or districts in which the subdivision
is to be located and shall verify that all plans have been submitted
to the school district.
(E)
Public sites, open space, park land area or park land development
funding: All subdivisions, lot divisions and integrated planned developments
of lands zoned mobile home or residential under title 5 of this code
must provide, in a manner selected by the city plan commission, for
the development, including purchase if necessary, of park lands, playgrounds
or other public spaces as herein provided. At the option of the plan
commission, the subdivider or developer, as the case may be, shall
provide one of the following:
(1)
Dedication of area equal in amount to at least five percent
of the area of every subdivision, lot division or integrated planned
development, exclusive of streets and alleys. The city plan commission
shall have the option of dictating the lands to be used to satisfy
this requirement; or
(2)
Payment of monies to a nonlapsing fund for park land development.
The plan commission may require the subdivider or developer to pay
to the city a sum of money, on a per lot basis, or on a per unit basis
in the case of a planned unit development, for the development of
park lands or playgrounds. All monies paid thereunder shall be paid
to a nonlapsing fund maintained by the city and administered by the
council, for the purchase and development of park lands or playgrounds.
The sum of money to be paid by the subdivider or developer shall be
$100.00 for each lot or unit to be developed for single-family residential
use. For lots zoned to allow more than one family unit, an additional
$50.00 per unit shall be assessed.
A)
If payment of a fee is required by the plan commission, such
fee shall be assessed when, and as a condition for, plan commission
approval of a plat, certified survey or subdivision. Such fee shall
either be payable in cash upon approval of the plat, certified survey
or subdivision or the subdivider shall execute or cause to be executed
and properly recorded with the register of deeds for Green County
a mortgage to the city for the total sum due the city pursuant to
this section together with interest at a rate equal to the rate last
charged property owners upon assessments for improvements to sidewalks
or curb and gutter. Interest shall accrue from the date of the plat,
certified survey or subdivision is approved. If the subdivider provides
a mortgage in lieu of cash, the subdivider shall, as a further condition
of approval of the plat, certified survey or subdivision, pay all
charges for recording of the mortgage and shall provide the city with
an opinion of legal counsel directed to and for the benefit of the
city showing such lien is first in priority subject only to real estate
taxes or liens having the same priority as real estate taxes. The
city shall be obligated to satisfy such lien only if appropriate documents
in proper form are presented to the city for signature with payment
of a sum equal to the fee assessed upon any parcel for which a satisfaction
of lien is solicited plus accrued interest to the date of payment.
The city shall not be obligated to pay recording fees or other charges
associated with either the creation or satisfaction of any such lien.
B)
The treasurer is hereby authorized to execute on behalf of the
city any documents necessary to satisfy any mortgage lien created
pursuant to this section.
[4-20-1976; 2016 Code]
(A)
A person who violates any provision of this title shall upon conviction
be subject to a Class 2 forfeiture. Each day a violation exists or
continues shall constitute a separate offense.
(B)
In addition to the penalty set forth in subsection (A), the remedies
provided by sections 236.30 and 236.31 of the Wisconsin statutes shall
be available to the city.
