The jurisdiction of this chapter shall include
all lands within the corporate limits of the City of Burlington, Wisconsin,
and those lands within the extraterritorial jurisdiction of the City
as established in §§ 62.23(2) and 66.0105, Wis. Stats.
The provisions of this chapter as it applies to divisions of tracts
of land into fewer than five parcels shall not apply to:
A.
Transfers of interest in land by will or pursuant
to court order.
B.
Leases for a term not to exceed 10 years, mortgages,
or easements.
C.
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, Chapter 315, Zoning, or other applicable laws or ordinances.
D.
Cemetery plats made under § 157.07, Wis.
Stats.
E.
Assessor's plats made under § 70.27, Wis.
Stats., but such assessor's plats shall comply with §§ 236.15(1)(a)
to (g) and 236.20(1) and (2)(a) to (e), Wis. Stats.
No person, firm, or corporation shall divide
any land located within the jurisdictional limits of this chapter
so that such division results in a subdivision, minor land division,
or replat as defined herein; no such subdivision, minor land division,
or replat shall be entitled to recording; and no street shall be laid
out or improvements made to land without compliance with all requirements
of this chapter and the following documents:
A.
Chapter 236, Wis. Stats.
B.
Rules of the Wisconsin Department of Commerce regulating
lot size and lot elevation if the land to be subdivided is not served
by a public sewer and provisions for such service have not been made.
C.
Rules of the Wisconsin Department of Transportation
relating to safety of access and the preservation of the public interest
and investment in the highway system if the land owned or controlled
by the subdivider abuts on a state trunk highway or connecting street.
E.
Duly approved Comprehensive Plan or Comprehensive
Plan component of the City of Burlington, Wisconsin.
A.
Streets, highways and drainageways. Whenever a tract of land to be divided within the jurisdiction of this chapter encompasses all or any part of an arterial or collector street, drainageway, or other public way which has been designated on a duly adopted City or regional comprehensive plan or comprehensive plan component, 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 component and as set forth in Article VII of this chapter.
B.
Parks and playgrounds. Whenever a tract of land to be divided within the jurisdiction of this chapter encompasses all or any part of a park or playground which has been designated on a duly adopted City or regional comprehensive plan or comprehensive plan component, said park or playground shall be made a part of that plat and dedicated or reserved by the subdivider in the locations and dimensions indicated on said plan and in accordance with the procedures set forth in § 278-51 of this chapter.
Before final approval of any plat located within
the jurisdictional limits of this chapter, the subdivider shall install
street and utility improvements as hereinafter provided. If such improvements
are not installed as required at the time that the final plat is submitted
for approval, the subdivider shall, before the recording of the plat,
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, as a guarantee that such improvements will be
completed by the subdivider or his subcontractors not later than two
years from the date of recording of the plat and as a further guarantee
that all obligations to subcontractors for work on the development
are satisfied. In addition:
A.
Contracts and contract specifications for the construction
of street and utility improvements on dedicated street rights-of-way
as well as the contractors and subcontractors providing such work
shall be subject to the approval of the City Engineer.
B.
Governmental units to which these bond and contract
provisions apply may file, in lieu of said contract and bond, a letter
from officers authorized to act on their behalf agreeing to comply
with the provisions of this section.
C.
Plats outside the corporate limits. Before final approval
by the City of any plat 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
requirements of the town in which the land being platted is located.
D.
Survey monuments. Before final approval of any plat
within the City or its extraterritorial jurisdictional limits, the
subdivider shall install survey monuments placed in accordance with
the requirements of § 236.15, Wis. Stats., and as may be
required by the City Engineer.
Where, in the judgment of the City Plan Commission, it would be inappropriate to apply literally the provisions of Articles VII and VIII of this chapter because of the proposed subdivision being located outside of the corporate limits or because exceptional or undue hardship would result, the City Plan Commission may waive or modify any requirement to the extent deemed just and proper.
A.
No variance to the provisions of this chapter shall
be granted unless the City Plan Commission finds by the greater weight
of the evidence that all the following facts and conditions exist
and so indicates in the minutes of its proceedings:
(1)
Exceptional circumstances. There are exceptional,
extraordinary or unusual circumstances or conditions where a literal
enforcement of the requirements of this chapter would result in severe
hardship. (Such hardships should not apply generally to other properties
or be of such a recurrent nature as to suggest that this chapter should
be changed.)
(2)
Preservation of property rights. Such variance is
necessary for the preservation and enjoyment of substantial property
rights possessed by other properties in the same vicinity.
(3)
Absence of detriment. The variance will not create
substantial detriment to adjacent property and will not materially
impair or be contrary to the purpose and spirit of this chapter or
the public interest.
B.
A majority vote of the entire membership of the City
Plan Commission shall be required to grant any modification of this
chapter.
C.
The Common Council may waive the placing of monuments,
required under § 236.15(1)(b), (c) and (d), Wis. Stats.,
for a reasonable time on condition that the subdivider execute a surety
bond to insure the placing of such monuments within the required time
limits established by the City.
No land shall be subdivided for residential
use which is determined to be unsuitable for such use by the Plan
Commission 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 City.
A.
In addition:
(1)
Floodlands.
(a)
No lot served by public sanitary sewer facilities
shall have less than 50% of its required lot area below an elevation
at least two feet above the elevation of the one-hundred-year recurrence
interval flood. No lot one acre or less in area served by an on-site
sanitary sewage disposal (septic tank) system shall include floodlands.
All lots more than one acre in area served by a septic tank system
shall contain not less than 40,000 square feet of land which is above
flood protection elevation at least two feet above the elevation of
the one-hundred-year recurrence interval flood or, where such data
is not available, five feet above the maximum flood of record.
(b)
Information to be provided; estimated cost;
DNR review.
[Added 11-9-2006 by Ord. No. 1808(12)]
[1]
The applicant shall provide all survey data
and computations required to show the effects of the project on flood
heights, velocities and floodplain storage, for all subdivision proposals,
as "subdivision" is defined in Ch. 236, Wis. Stats., and other proposed
developments exceeding five acres in area or where the estimated cost
exceeds $125,000. The applicant shall provide:
[2]
The estimated cost of the proposal shall include
all structural development, landscaping, access and road development,
utilities, and other pertinent items, but need not include land costs.
[3]
Pursuant to Ch. NR 116.20(2)(a) and the provisions
of this chapter, the Plan Commission shall refer the development to
the DNR for review and recommendation prior to recommendation to the
Common Council.
(2)
Lands made, altered, or filled with non-earth materials
within the preceding 20 years shall not be divided into building sites
which are to be served by soil absorption waste disposal systems.
(3)
Lands made, altered, or filled with earth within the
preceding seven years shall not be divided into building sites which
are to be served by on-site soil absorption sanitary sewage disposal
systems.
(4)
Lands having a slope of 12% or more shall be maintained
in permanent open space use. No lot shall have more than 50% of its
minimum required area in slopes of 10% or greater.
(5)
Lands having bedrock within six feet of the natural
undisturbed surface shall not be divided into building sites to be
served by on-site soil absorption sewage disposal systems.
(6)
Lands having groundwater within six feet of the natural
undisturbed surface shall not be divided into building sites to be
served by soil absorption sewage disposal systems.
(7)
Lands covered by soils having a percolation rate slower
than 60 minutes per inch or faster than 10 minutes per inch shall
not be divided into building sites to be served by on-site soil absorption
sewage disposal systems.
(8)
Lands drained by farm drainage tile or farm ditch
systems shall not be divided into building sites to be served by on-site
soil absorption sewage disposal systems.
B.
The City Plan Commission, in applying the provisions
of this section, shall in writing recite the particular facts upon
which it bases its conclusion that the land is unsuitable for residential
use and afford the subdivider an opportunity to present evidence in
rebuttal to such finding of unsuitability if he so desires. Thereafter
the City Plan Commission may affirm, modify, or withdraw its determination
of unsuitability.
It shall be unlawful to build upon, divide,
convey, record or place monuments on 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 Burlington authorizing
the building on, or improvement of, any subdivision, minor land division
or replat within the jurisdiction of this chapter not of record as
of the effective date of this chapter[1] 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.
[1]
Editor's Note: This chapter was originally
adopted 1-5-1982, effective 1-13-1982.
Any person, firm or corporation who or which
violates or fails to comply with the provisions of this chapter shall,
upon conviction thereof, forfeit not less than $100 nor more than
$1,000 plus the costs of prosecution for each offense, and the penalty
for default of payment of such forfeiture and costs shall be imprisonment
in the county jail until payment thereof, but not exceeding six months.
Each day a violation exists or continues shall constitute a separate
offense.
Any person aggrieved by an objection to a plat
or a failure to approve a plat may appeal such objection or failure
to approve as provided in § 236.13(5), Wis. Stats., within
30 days of notification of the rejection of the plat. Where failure
to approve is based on an unsatisfied objection, the agency making
the objection shall be made a party to the action. The court shall
direct that the plat be approved if it finds that the action of the
approving or objecting agency is arbitrary, unreasonable or discriminatory.
