No land shall be divided or subdivided which is held unsuitable
for the proposed use by the Plan Commission for reason of flooding,
inadequate drainage, adverse soil or rock formation, unfavorable topography,
inadequate water supply or sewage disposal capabilities, incompatible
surrounding land use, or any other condition likely to be harmful
to the health, safety or welfare of the future residents or users
of the area or harmful to the City.
In applying the provisions of this article, the Plan Commission
shall, in writing, recite the particular facts upon which it bases
its conclusion that the land is unsuitable for the intended use or
development and afford the subdivider an opportunity to present evidence
regarding such unsuitability, if he so desires. Thereafter the Plan
Commission may affirm, modify, or withdraw its determination of unsuitability.
The subdivider may appeal the determination of land suitability
as provided by § 62.23(7)(e)10 to 15, Wis. Stats.
The provisions of this chapter shall not apply to transfers
of interest in land by will or pursuant to court order; leases for
a term not to exceed 10 years, mortgages or easements; or the 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,
the City zoning ordinances or other applicable laws or ordinances.